Foreign Nationals Granted Travel Permission
NIA Court Permits Foreign Nationals Accused in Myanmar Case to Travel Abroad
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Key Points
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The court directed the seven to notify it within 72 hours of returning to India; their one-month travel period is counted from the date they board their flights.
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The court ordered the accused’ passports released to them and required them to provide the NIA with their residential addresses, working phone numbers and email addresses within 24 hours.
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The NIA’s chargesheet did not include UAPA provisions; it instead invoked Sections 21 and 23 of the Immigration and Foreigners Act, 2025. VanDyke’s default bail followed the agency’s failure to file a UAPA chargesheet within the 180-day statutory period.
An Indian special court granted seven foreigners — including U.S. citizen Matthew Aaron VanDyke and six Ukrainian nationals — permission to travel home for one month to visit family The Independent. The group, accused of training Myanmar insurgents at a camp, had received default bail and were set to be released from Delhi's Tihar Jail Yahoo News. They must return to India after 30 days and cooperate with investigators by video call or in person.
The court said the right to travel abroad is an extension of a fundamental right under India's Constitution StudyCafe. The defendants must notify the court within 72 hours of returning to India. Their passports were released, and they were ordered to provide the National Investigation Agency with residential addresses, phone numbers, and email addresses within 24 hours.
Why VanDyke and the Ukrainians Faced Charges
The National Investigation Agency arrested the seven for allegedly training insurgents fighting Myanmar's military government The Independent. VanDyke, an American filmmaker, and the six Ukrainian nationals were detained after the NIA's investigation. The exact details of their training activities remain under investigation.
The NIA's chargesheet did not invoke anti-terrorism laws. Instead, it used Sections 21 and 23 of India's Immigration and Foreigners Act, 2025 StudyCafe. VanDyke's default bail came after the agency failed to file a terrorism chargesheet within the required 180-day period.
Court Conditions for One-Month Travel Permission
The seven must depart within one month and return on schedule StudyCafe. The 30-day travel window starts from the date they board their flights. Each person must inform the court within 72 hours of landing back in India.
They must stay in contact with NIA investigators throughout their trip. The court can request video calls or in-person meetings to discuss the ongoing investigation. Failure to comply or return on time could result in legal consequences.
The Default Bail That Led to Freedom
Indian law requires the NIA to file terrorism charges within 180 days of arrest StudyCafe. The agency missed this deadline in VanDyke's case, triggering automatic bail. This legal provision protects defendants from indefinite detention without formal charges.
By using immigration violations instead of terror laws, the NIA avoided the stricter chargesheet deadline. The six Ukrainian nationals benefited from the same bail conditions as VanDyke. All seven can now leave India temporarily while the investigation continues.
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