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New Delhi: US national Matthew Aaron VanDyke has told the Rouse Avenue court that he will return to India and appear in person at the next hearing in the NIA case against him, even as the six Ukrainian nationals co-accused in the case did not appear before the court on Thursday.
VanDyke appeared through video conferencing from the United States before Special NIA Judge Prashant Sharma at around 10.30 am on 1 October, as scheduled. The court listed the NIA chargesheet for consideration on 23 October.
The court had earlier permitted VanDyke and the six Ukrainians to travel to their respective countries for a month, while directing them to return to India after the permitted period.
While some media reports have stated that VanDyke told the court that he would appear through video conferencing at the next hearing, sources close to him said this is not correct.
According to the sources, VanDyke told the court that he would return to India and appear physically at the next hearing. He has already booked a flight ticket for 21 October, the sources said.
The six Ukrainians, who were granted permission to travel to Ukraine, did not appear before the court on Thursday. They are Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor.
Sources aware of the development said the six Ukrainians are unlikely to return to India and have effectively moved on from the case. According to the sources, they are not expected to come back to India for further proceedings.
The circumstances surrounding the release and subsequent travel of the seven accused had also seen a marked difference in the arrangements made for VanDyke and the Ukrainian nationals.
After his release from Tihar Jail, Vandyke was not received by any US Embassy official and had to make his own arrangements for travel and accommodation that night.
In contrast, the six Ukrainian nationals were received by officials of the Ukrainian Embassy after their release and were provided accommodation at the embassy itself, according to sources familiar with the arrangements.
VanDyke and the six Ukrainians were arrested by the NIA in March in connection with allegations relating to their travel to India’s northeast and Myanmar and alleged training of members of ethnic armed groups there. The NIA had initially registered the case under the Unlawful Activities (Prevention) Act.
However, the chargesheet filed by the NIA on 8 September did not invoke UAPA provisions. It invoked Sections 21 and 23 of the Immigration and Foreigners Act, while the agency told the court that its investigation into possible UAPA offences was continuing and that a supplementary chargesheet could be filed if an offence was established.
The six Ukrainians were granted default bail on 23 September, while VanDyke had received default bail earlier. The court subsequently allowed all seven to travel to their respective countries for one month and directed them to return to India after the expiry of the permitted period.