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New Delhi: United States national Matthew Van Dyke is expected to return to India ahead of a 23 October hearing before the National Investigation Agency (NIA) court, even as reports have emerged that he may be considering a change in his legal representation.
He is expected to leave the United States on the evening of 21 October, local time, and arrive in India before the hearing. However, his existing lawyers have confirmed that they continue to represent him at present, and a change in legal representation remains unconfirmed.
Van Dyke’s expected return and hearing will coincide with the final day of US Secretary of State Marco Rubio’s three-day visit to India.
Van Dyke has been represented by advocates Rohit Dandriyal and Rohit Gour in proceedings relating to his bail and permission to travel abroad amidst reports that Vandyke is likely to change his legal defence team.
It is understood that a sum of upward of Rs 1 crore has been spent by his friends and family members, collected through crowd sourcing to fight the case in India.
The latest confirmation from his legal team indicates that the existing arrangement remains in place for now, although it does not rule out a subsequent change. If the current arrangement with his private lawyers does not continue, he is expected to be provided legal assistance through a government-appointed lawyer.
Van Dyke was arrested by the NIA on 13 March 2026, in connection with allegations concerning training activities linked to a camp in Myanmar. Six Ukrainian nationals were arrested in the same case. The agency initially investigated the accused under the Unlawful Activities (Prevention) Act (UAPA), amid allegations that foreign nationals were involved in activities connected with armed groups operating in the region.
On 8 September, the NIA filed a chargesheet invoking Sections 21 and 23 of the Immigration and Foreigners Act, 2025. The agency did not invoke UAPA provisions in the chargesheet but informed the court that its investigation into possible offences under the anti-terror law was continuing. It indicated that further action could follow if the investigation established such offences.
Van Dyke subsequently sought default bail, arguing that the investigation into the alleged UAPA offences had not been completed within the prescribed statutory period.
Special NIA Judge Prashant Sharma granted him default bail, observing that the agency had not completed the investigation into those alleged offences within the statutory period and that an incomplete chargesheet could not be used to defeat an accused’s statutory right to default bail.
The court later permitted Van Dyke and the six Ukrainian nationals to travel to their respective countries for one month, subject to conditions, including an obligation to return to India after the permitted period. Van Dyke travelled to the United States following the court’s order.