The Crossbill News Desk
A Delhi court has granted default bail to US national Matthew VanDyke in a case registered by the National Investigation Agency (NIA), holding that the agency could not deny him bail by filing an incomplete chargesheet after failing to complete its investigation within the statutory period under the Unlawful Activities (Prevention) Act (UAPA).
Special judge Prashant Sharma of the Rouse Avenue courts passed the order on Friday (September 18).
The court also observed that the reasoning in VanDyke’s case would apply to the six Ukrainian nationals arrested alongside him in March and directed that copies of the order be provided to them to enable them to pursue their own bail applications, according to news reports.
The NIA had arrested VanDyke and the six Ukrainians — Petro Hurba, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksym Honcharuk and Viktor Kaminskyi — in March. The agency had accused the seven of entering Mizoram without the mandatory permit and subsequently crossing into Myanmar to provide training to armed militants.
The agency initially invoked the UAPA in its FIR against the seven accused. However, the chargesheet filed earlier this month did not include provisions of the anti-terror law and instead invoked the Immigration and Foreigners Act, 2005.
Reports had cited the NIA as saying that it required additional time to verify facts relating to offences under the UAPA.
Under the UAPA, investigating agencies can seek up to 180 days of custody to complete their investigation. If the investigation is not completed within the prescribed period, an accused can become entitled to default bail, subject to the applicable legal requirements.
The court rejected the NIA’s attempt to rely on an incomplete chargesheet to prevent VanDyke from exercising that right.
“As such, [the] investigating agency cannot circumvent sec. 187(3) BNSS [which, in combination with section 43D of the UAPA, governs release during investigation] by filing incomplete chargesheet for the purpose of denying default bail to applicant/accused Matthew Aaron VanDyke,” judge Sharma said on Friday, reported Bar and Bench.
VanDyke was granted bail on a personal bond of Rs 1 lakh and directed to remain in Delhi, according to The Hindu. His separate application seeking permission to leave India is scheduled to be heard by the court on Tuesday.
VanDyke is the founder of Sons of Liberty International (SOLI), an organisation that says it provides military training and supplies to forces fighting authoritarian regimes. He had been working in Ukraine since 2022 and had also enlisted in the Ukrainian armed forces.
Following his arrest, SOLI claimed that US Ambassador to India Sergio Gor had briefed Secretary of State Marco Rubio and Indian Foreign Secretary Vikram Misri about VanDyke’s situation during Gor’s visit to Delhi in May. At the time, VanDyke was reportedly on a liquids-only hunger strike, alleging inadequate medical care and denial of consular access.
The Ministry of External Affairs, when asked earlier this month whether the issue had been discussed with US officials and whether New Delhi had given any assurances, said the matter “is a legal matter and it will proceed as per the directions of the court”.
The arrests had also prompted a response from Ukraine. Shortly after the seven men were detained, Ukraine lodged a formal protest with India over the arrest of its six nationals and claimed that the NIA case appeared “orchestrated and politically motivated”.
With the court’s order now extending its reasoning to the Ukrainian nationals, the six are expected to pursue their own bail pleas on grounds similar to those considered in VanDyke’s case.
Special judge Prashant Sharma of the Rouse Avenue courts passed the order on Friday (September 18).
The court also observed that the reasoning in VanDyke’s case would apply to the six Ukrainian nationals arrested alongside him in March and directed that copies of the order be provided to them to enable them to pursue their own bail applications, according to news reports.
The NIA had arrested VanDyke and the six Ukrainians — Petro Hurba, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksym Honcharuk and Viktor Kaminskyi — in March. The agency had accused the seven of entering Mizoram without the mandatory permit and subsequently crossing into Myanmar to provide training to armed militants.
The agency initially invoked the UAPA in its FIR against the seven accused. However, the chargesheet filed earlier this month did not include provisions of the anti-terror law and instead invoked the Immigration and Foreigners Act, 2005.
Reports had cited the NIA as saying that it required additional time to verify facts relating to offences under the UAPA.
Under the UAPA, investigating agencies can seek up to 180 days of custody to complete their investigation. If the investigation is not completed within the prescribed period, an accused can become entitled to default bail, subject to the applicable legal requirements.
The court rejected the NIA’s attempt to rely on an incomplete chargesheet to prevent VanDyke from exercising that right.
“As such, [the] investigating agency cannot circumvent sec. 187(3) BNSS [which, in combination with section 43D of the UAPA, governs release during investigation] by filing incomplete chargesheet for the purpose of denying default bail to applicant/accused Matthew Aaron VanDyke,” judge Sharma said on Friday, reported Bar and Bench.
VanDyke was granted bail on a personal bond of Rs 1 lakh and directed to remain in Delhi, according to The Hindu. His separate application seeking permission to leave India is scheduled to be heard by the court on Tuesday.
VanDyke is the founder of Sons of Liberty International (SOLI), an organisation that says it provides military training and supplies to forces fighting authoritarian regimes. He had been working in Ukraine since 2022 and had also enlisted in the Ukrainian armed forces.
Following his arrest, SOLI claimed that US Ambassador to India Sergio Gor had briefed Secretary of State Marco Rubio and Indian Foreign Secretary Vikram Misri about VanDyke’s situation during Gor’s visit to Delhi in May. At the time, VanDyke was reportedly on a liquids-only hunger strike, alleging inadequate medical care and denial of consular access.
The Ministry of External Affairs, when asked earlier this month whether the issue had been discussed with US officials and whether New Delhi had given any assurances, said the matter “is a legal matter and it will proceed as per the directions of the court”.
The arrests had also prompted a response from Ukraine. Shortly after the seven men were detained, Ukraine lodged a formal protest with India over the arrest of its six nationals and claimed that the NIA case appeared “orchestrated and politically motivated”.
With the court’s order now extending its reasoning to the Ukrainian nationals, the six are expected to pursue their own bail pleas on grounds similar to those considered in VanDyke’s case.
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