The National Investigation Agency (NIA) did not press for US national Mathew Aaron VanDyke and six Ukrainians remaining in India while keeping open its Unlawful Activities Prevention Act or UAPA probe against them , and agreed to the accused travelling back to their home countries after furnishing personal undertakings, and providing residential address and contact details.
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. This means we don’t have a definite timeline to conclude the UAPA probe. And they have already been discharged under the immigration and Foreigners Act”. “Admittedly, investigation with respect to offences under UAPA is going on.
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. However, an officer familiar with the developments, who didn’t want to be named, said,“The terror conspiracy is difficult to conclusively establish without obtaining evidence from Myanmar as the alleged acts took place there. 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. “This includes getting them an ‘exit permit’ from the FRRO since their travel documents had expired after their arrest in March,” he said.
A second person familiar with the developments said that after VanDyke and the six Ukrainians were released from Tihar jail on Thursday night, relevant formalities were being completed for their return.
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.
“The HM must answer this,” Ramesh said on X. 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.
