NIA Court Lets US, Ukrainian Nationals Travel Home for a Month

A special court of the National Investigation Agency (NIA) at Rouse Avenue has permitted a United States national and six Ukrainian citizens to travel abroad for a month to meet their families, subject to a set of conditions.

The seven accused — US national Matthew Aaron Vandyke and Ukrainians Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor — have been allowed to travel to the USA and Ukraine respectively. The order was passed on September 24 by NIA Judge Prashant Sharma, who also allowed applications seeking the release of their passports.

While granting relief, the court observed that the right to travel abroad is an extension of the fundamental rights guaranteed under the Constitution of India.

The permission is valid for one month, counted from the date each of them boards a flight. The court has directed them to return to India once that period expires and to inform it within 72 hours of their return.

Several conditions accompany the relief. The accused must furnish details of their residential addresses, working mobile numbers and email addresses to the NIA within 24 hours. If any of them does not have a working phone number, they may provide the mobile number of a family member within the same window, and must share their own working number within a week of reaching their destination.

The court has also directed them to join the investigation, either through video call or in person, whenever the NIA requires it. During the hearing, it noted that the accused had expressed their willingness to cooperate with the probe.

All seven foreigners have been granted default bail and were expected to be released from Tihar Jail on Thursday.

Special Public Prosecutor Rahul Tyagi, along with Advocate Amit Rohila, appeared for the NIA and submitted that further investigation in the case is ongoing, though the immediate presence of the accused is not required. The agency suggested that a suitable undertaking be taken from them.

Separately, the court allowed an application moved by Advocates Rohit Dandriyal and Rohit Gour on behalf of Vandyke seeking his discharge from offences under the Immigration and Foreigners Act, in view of compounding that took place on September 18.