'Why such liberty extended to terror accused': Cong questions ‘liberty’ granted to US national

The Congress on Saturday questioned the release of US national Matthew VanDyke, an accused in a Myanmar arms training case being investigated by the National Investigation Agency (NIA), asking why such liberty was being extended to a foreign national accused of terrorism.

Congress general secretary for communications Jairam Ramesh said VanDyke had been allowed to return to the US for four months even as the government had detained young activists and peaceful protesters during demonstrations against alleged “vote chori”.

“US national Matthew VanDyke, arrested for conspiring to carry out terrorist activities against India, was released yesterday and allowed to return home for 4 months. Why has such liberty been extended to a foreign national accused of terrorism?” Ramesh said in a post on X.

He added that the government had shown no hesitation in detaining and arresting youth activists during the anti-‘vote chori’ protests over the past month.

Ramesh also pointed to the issue being raised during US Secretary of State Marco Rubio’s visit to India in May, noting that Rubio had visited India again earlier this week.

The Congress leader had previously accused Prime Minister Narendra Modi of being a “compromised PM” following VanDyke’s release in September. Ramesh claimed that Rubio and US Ambassador to India Sergio Gor had raised the matter with Foreign Secretary Vikram Misri.

He had also alleged that the Unlawful Activities (Prevention) Act (UAPA) charges against VanDyke were dropped on 8 September, arguing that this contrasted with what he described as the widespread misuse of the law against Indian citizens.

Court extends permission to remain outside India

A Delhi court on Friday extended until 24 February 2027 the permission granted to VanDyke and six Ukrainian nationals to remain outside India while the investigation into the Myanmar arms training case continues.

Special Judge Prashant Sharma passed the order after hearing applications from the seven accused in proceedings held in camera. The NIA had sought more time to investigate several aspects of the case, with its counsel, Rahul Tyagi, making submissions to that effect.

The court also allowed VanDyke, who appeared in person, to return to the US. The six Ukrainian nationals appeared through video conferencing, citing health issues.

The NIA has alleged that VanDyke and the Ukrainian nationals entered India on tourist visas, travelled to the northeastern region without the mandatory permits and crossed from Mizoram into Myanmar, where they allegedly trained ethnic armed organisations.

The agency had initially invoked provisions of the UAPA, including those relating to conspiracy. However, its chargesheet did not include those provisions and instead proceeded under Sections 21 and 23 of the Immigration and Foreigners Act, which provide for offences that can be compounded before the Foreigners Regional Registration Office.

The NIA had earlier indicated that its investigation into the alleged terror-related aspects was continuing and that further allegations could be included in a supplementary chargesheet.