Full Breakdown
Delhi Court Extends Permission for U.S. National and Six Ukrainians to Remain Abroad Until February 2027
By Drooid · · How we work
Court Extends Overseas Stay for VanDyke and Six Ukrainians
On October 23 2026, Special Judge Prashant Sharma of the Patiala House Court ordered that U.S. citizen Matthew Aaron VanDyke and six Ukrainian nationals—Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor—may remain outside India until February 24 2027. The order followed applications for an extension; VanDyke appeared in person, the Ukrainians via video link, citing health concerns.
Background of the Myanmar Arms Training Investigation
The National Investigation Agency (NIA) arrested VanDyke on March 13 2026 at Kolkata airport and the six Ukrainians at Delhi and Lucknow airports. The agency says the group entered on tourist visas, travelled to the northeast without permits, and crossed from Mizoram into Myanmar, where they allegedly provided drone-related training to ethnic armed groups such as the Chin National Front and the Kachin Independence Army. Initially, the NIA invoked the Unlawful Activities (Prevention) Act (UAPA), but the September chargesheet listed only offences under Sections 21 and 23 of the Immigration and Foreigners Act, 2025.
Legal Proceedings and Bail
The NIA filed its chargesheet on September 8 2026, the day the statutory 180-day investigation period expired. Because the chargesheet addressed only immigration violations and omitted the UAPA allegations, the court granted default bail to VanDyke and the six Ukrainians on September 18 2026. Default bail applies when an investigating agency fails to file a complete chargesheet within the prescribed timeframe. The court required the accused to cooperate with the investigation, either in person or via video conferencing, and to return to India after a month-long travel period.
Official Statements & Responses
The NIA told the court that its investigation remains ongoing and that it will update the judge at the next hearing. Court documents indicate the agency expects to file a supplementary chargesheet if further evidence of UAPA-related offences emerges. VanDyke, speaking to reporters after the hearing, said he had removed his lawyer due to financial constraints and declined to comment on the substantive allegations, adding that he had not received assistance from the U.S. Embassy.
Data & Statistics
- Accused: 7 foreign nationals (1 U.S. citizen, 6 Ukrainians)
- Arrest dates: March 13 2026 (VanDyke), March 2026 (Ukrainians)
- Legal provisions invoked: Initial UAPA provisions; chargesheet filed under Sections 21 and 23 of the Immigration and Foreigners Act, 2025
- Bail timeline: Chargesheet filed September 8 2026; default bail granted September 18 2026
- Extended stay: Permission to remain abroad until February 24 2027
Conflicting Reports & Gaps
Sources note a discrepancy between the NIA’s initial invocation of UAPA provisions and the final chargesheet, which omitted those anti-terror provisions. The agency has indicated that the UAPA investigation is still open, but no supplementary chargesheet has been filed to date. While the NIA alleges a broader conspiracy involving a plot to target a passenger aircraft in Myanmar, the chargesheet focuses solely on immigration violations, leaving the terrorism-related allegations unsubstantiated in the formal filing.
Why It Matters
The case highlights the challenges Indian authorities face in investigating cross-border security threats involving foreign nationals. The procedural shift from UAPA to immigration charges underscores the evidentiary standards required for terrorism-related prosecutions. The court’s decision to allow the accused to remain abroad while cooperating with the investigation reflects a balance between safeguarding individual liberty and pursuing national security inquiries.