Delhi court allows foreign nationals held in NIA terror case to leave India for one month

“Applicant and co-accused persons have shown their willingness to join the investigation, as and when asked by NIA…Therefore, viewed from all possible legal and factual angles, I find merits in present application,” he added.

An FIR against the seven foreign nationals — Matthew Aaron Vandyke, Viktor Kaminskyi, Petro Hurba, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, and Maksim Honcharuk — was lodged under Section 18 of the anti-terror UAPA (punishment for conspiracy). The seven were later arrested for allegedly conspiring to carry out terrorist activities against India.

In their first chargesheet, however, the NIA invoked only Sections of the Immigration and Foreigners Act, 2025.

During the submitting of the chargesheet before Special NIA Judge Prashant Sharma of Rouse Avenue Court, Special Public Prosecutor (SPP) Rahul Tyagi, representing the NIA, informed the court that the investigation into offences under the UAPA has been kept pending for further probe.

The agency may file a supplementary chargesheet if an offence under the Act is made out, he added.

“A substantial part of the investigation with respect to the offences committed under UAPA has been completed. Further investigation is underway and more time is required in order to ascertain and verify the true and complete facts about the commission of offences under UAPA in view of the import and recovery of drones and accessories through India,” the NIA had then submitted.

The seven were granted default bail as the first chargesheet filed against them did not contain sections of the UAPA.

“…the charge-sheet filed by NIA is piecemeal as it pertains to the Immigration and Foreigners Act. In the wake of further investigation being carried out by NIA with respect of offences under UAPA, at this stage it cannot be concluded that applicant/ accused Matthew Aaron Vandyke is not entitled for default bail…,” Judge Sharma said in his order dated September 18 granting bail to Vandyke.

“…before concluding, I must mention that based on abovementioned understanding of law and appreciation of facts, co- accused persons involved in this case, are also entitled for default bail, as per law,” the judge had said.

The NIA has not filed a closure report in the case and has maintained that its investigation is ongoing.

As per NIA’s investigation, the accused persons entered Myanmar illegally via Mizoram without any valid travel documents to allegedly conduct a pre-scheduled training on drone warfare for Myanmar-based Ethnic Armed Groups (EAGs) targeting the Myanmar Military Junta.

While the accused persons were arrested on March 13, 2026, the NIAs investigation period of 180 days within which they are supposed to file a chargesheet under UAPA sections ended on September 8, 2026.

As per the NIA, which was represented in court by SPP Tyagi, PP Ankit Gautam, and advocates Jatin Khatri and Amit Rohilla, several consignments of drones from Europe were allegedly delivered by the accused persons to individuals and groups in Mizoram.

“…SPP for NIA has further submitted that for completing the investigation, necessary undertakings may be taken from all accused persons. He has further submitted that details of residential address, phone number working and e-mails of all said accused persons, seeking reliefs, may be furnished by them,” read the order by Judge Sharma dated September 24.

“…this Court cannot direct the NIA to conclude the investigation… within a particular time, as per law. It is not the case of NIA that physical presence of applicant Matthew Aaron Vandyke (A-1) and co-accused persons (A-2 to A-7) in near future is required to complete investigation in this case,” the order added.