US mercenary Matthew VanDyke released from Tihar
What's the story
American mercenary Matthew VanDyke and a Ukrainian national were released from Tihar Jail on Thursday. The duo was among the seven foreigners arrested earlier this year by the National Investigation Agency (NIA). They have been granted default bail by a special NIA court. The court allowed them to travel to their respective countries for one month under certain conditions and formalities. The NIA is probing their alleged involvement in a drone-warfare training camp linked to ethnic armed groups in Myanmar.
Case details
NIA probe into their alleged involvement in drone warfare
The NIA had initially registered the case against the seven foreigners under the stringent Unlawful Activities (Prevention) Act (UAPA), along with sections of the Bharatiya Nyaya Sanhita (BNS).
However, in the first chargesheet filed on September 8, the NIA dropped terrorism-related allegations due to lack of direct evidence affecting India's sovereignty.
At the same time, the NIA said the UAPA investigation was continuing and that it could file a supplementary chargesheet if a relevant offense was established.
Travel conditions
Court grants permission for VanDyke to travel to US
Instead, they invoked Sections 21 and 23 of the Immigration and Foreigners Act for illegal entry and visa overstaying.
The court subsequently granted default bail to VanDyke and his co-accused after the NIA failed to complete its investigation into the original allegations within the mandatory 180-day period.
After settling immigration-related proceedings with the Foreigners Regional Registration Office (FRRO), VanDyke's defense counsel sought permission for temporary travel to visit family. Special NIA Judge Prashant Sharma allowed this request.
Charges
What NIA told court
The NIA had informed the court earlier that the accused were being investigated for a broad terror conspiracy, which included providing assistance to ethnic armed groups in India and Myanmar as well as drone training to them.
According to investigators, the accused entered Myanmar illegally through Mizoram without valid travel documents and allegedly took part in a training program, which included drone warfare, drone operations, assembly, and jamming technology for Myanmar-based ethnic armed groups fighting the country's military junta.