The National Investigation Agency (NIA) has permitted Mathew Aaron VanDyke, a US national, along with six Ukrainians, to leave India. This decision comes after the agency decided not to pursue immediate action under the Unlawful Activities Prevention Act (UAPA) against them. The individuals will return to their home countries upon providing personal undertakings, which include their residential addresses and contact details.
A Delhi court on Friday allowed VanDyke and the six Ukrainians to travel to their respective countries for a month on condition that they will join the investigation through video-conferencing, whenever required by the NIA. The development has triggered a political controversy with the Congress questioning the circumstances leading to VanDyke’s release. An NIA spokesperson did not respond to queries regarding the position it has taken and allegations by the Congress.
VanDyke left for Washington on Friday evening and has booked a return flight for October 21 to India.
The special public prosecutor, Rahul Tyagi, who appeared for the agency, citing “instructions” (from the agency), told the court that the UAPA probe will take time to complete. Meanwhile, necessary undertakings may be taken from the accused persons along with their residential address, phone number and emails, the NIA prosecutor said.
The Congress attacked the government on Friday, alleging that US pressure determined this outcome and that Prime Minister Narendra Modi failed to protect India’s national security. “Admittedly, investigation with respect to offences under UAPA is going on. Congress general secretary in-charge communications Jairam Ramesh hit out at VanDyke being allowed to return home. Citing US diplomatic pressure, Ramesh questioned what India got in return, how the seven got visas and were allowed to travel through India to Myanmar in the first place.
NIA will take some time to conclude said investigation and this court cannot direct NIA to conclude said investigation, within a particular time, as per law. It is not the case of the NIA that physical presence of VanDyke and co-accused persons in near future is required to complete the investigation in this case,” the court said, while asking the accused persons to return within one month. “The HM must answer this,” Ramesh said on X.
