&imwidth=800&imheight=600&format=webp&quality=medium "US national Matthew VanDyke granted bail in Myanmar drone training case, UAPA probe continues")
American national Matthew Aaron VanDyke has been granted bail by a Special National Investigation Agency (NIA) court in Delhi in a case involving allegations of illegal entry into India and Myanmar and the training of ethnic armed groups in drone warfare.
VanDyke had approached the Special NIA Court at Rouse Avenue seeking bail after the agency’s latest chargesheet against him and six Ukrainian nationals did not invoke provisions of the Unlawful Activities (Prevention) Act (UAPA). Instead, the chargesheet was filed under the Immigration and Foreigners Act (IFA), with the NIA invoking Sections 21 and 23 against all seven accused.
The agency has, however, maintained that its investigation into possible UAPA offences remains ongoing. The bail development came after VanDyke’s 180-day period of judicial custody was set to expire on September 8. Reports said his legal team had sought default bail, arguing that the statutory period for completing the investigation had lapsed without UAPA provisions being included in the chargesheet.
UAPA investigation still ongoing
The NIA has maintained that the omission of UAPA provisions from the present chargesheet does not mean that its wider terror investigation has been dropped or closed. According to the agency, the investigation into possible offences under the UAPA is continuing against all seven accused. The NIA has also indicated that a supplementary chargesheet could be filed if further investigation establishes offences under the anti-terror law.
The agency has told the court that the Immigration and Foreigners Act offences had already been established during its investigation and that the chargesheet was filed on those grounds rather than allowing the applicable custody period to expire. The chargesheet itself records that further investigation into the UAPA angle is continuing. Under the law, an agency can conduct further investigation after filing a chargesheet and submit a supplementary chargesheet if additional evidence establishes further offences. The distinction between the offences currently covered by the chargesheet and the wider investigation has been central to the bail proceedings.
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What is the case against VanDyke?
VanDyke and six Ukrainian nationals, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor, were arrested in March in a case initially registered under Section 18 of the UAPA, along with other provisions.
The NIA has alleged that the group travelled to Mizoram without the required permits and crossed into Myanmar. The agency has also been investigating allegations that the accused were linked to Myanmar-based ethnic armed groups and were involved in providing or facilitating drone-related training.
In its subsequent chargesheet, however, the NIA invoked Sections 21 and 23 of the Immigration and Foreigners Act rather than UAPA provisions. The agency said more investigation was required to establish the full facts concerning possible UAPA offences.
The NIA’s investigation into the alleged terror angle therefore remains open, despite the current chargesheet being filed under immigration-related provisions.
