Delhi Court Allows US, Ukrainian Nationals in NIA Case to Go Home for a Month

A Delhi court has permitted a U.S. national and six Ukrainian nationals, who were held by the National Investigation Agency (NIA) in a case, to travel back to their home countries for one month. The decision, made by Special Judge Prashant Sharma of the Rouse Avenue Court, comes as a significant development for the accused who have not seen their families for nearly 10 months.

U.S. national Matthew Aaron van Dyke will travel to his country, while Hurba Petro, Slyviak Taras, Ivan Sukmanovsky, Stefankiv Marian, Honcharuk Maksim alias Maksym, and Kaminskyi Viktor have been granted permission to return to Ukraine. The individuals had initially sought a six-week period abroad, but the court limited their travel to one month, starting from their departure date.

The NIA had arrested these individuals in March, alleging that they had entered India on tourist visas and then traveled to the northeastern region without the necessary permits. Further claims by the agency suggested that they subsequently crossed from Mizoram into Myanmar, where they reportedly received training from ethnic armed organizations.

Initially, the NIA had invoked serious provisions of the Unlawful Activities (Prevention) Act (UAPA), including charges related to criminal conspiracy. There were also allegations of their involvement in assembling equipment and planning an attack on a passenger aircraft in Myanmar.

However, a crucial shift occurred when the chargesheet filed by the NIA earlier this month did not retain the stringent UAPA provisions.

Instead, the accused were charged under Sections 21 and 23 of the Immigration and Foreigners Act.

These are compoundable offences, which can be settled before the Foreigners Regional Registration Office (FRRO).

Despite this change, the NIA indicated that its investigation into the alleged terror-related aspects of the case is still ongoing, and additional allegations could be brought forward through a supplementary chargesheet. During the recent hearing, the NIA did not explicitly state whether the physical presence of the accused would be immediately required for the investigation.

The court has set clear conditions for their temporary release. The accused are directed to assist the NIA's investigation whenever required, either by appearing physically or through video conferencing.

They must provide their current addresses and phone numbers.

Furthermore, they are required to return to India after one month and inform the court of their return within 72 hours. Their passports have been ordered to be released according to applicable rules. This decision offers a temporary reprieve for the foreign nationals, allowing them a reunion with their families while the broader investigation continues.

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