NIA Court Sends 7 Foreign Nationals, Including US Citizen and Ukrainians, To 30-Day Judicial Custody in UAPA Terror Case

New Delhi: A Special National Investigation Agency (NIA) court on Monday remanded seven foreigners, including 6 Ukrainians and one US citizen, in judicial custody after NIA interrogation in a terror case lodged under UAPA. Special Judge (NIA) Prashant Sharma remanded 7 Accused persons, namely Matthew Aaron Van Dyke (US citizen), Hurba Petro (Ukrainian citizen), Slyviak Taras (Ukranian Citizen), Ivan Sukmanovskyi (Ukrainian citizen), Stefankiv Marian (Ukranian Citizen), Honcharuk Maksim (Ukranian Citizen), and Kaminskyi Viktor (Ukrainian citizen) in 30 days' judicial custody till May 6.

US citizen Matthew Aaron Van Dyke has made an application for a virtual meeting with family members. NIA court has issued a notice to the NIA and listed the matter for hearing on April 8. His counsel Rohit Dandriyal and Rohit Gour have sought permission to have a legal meeting with him. The court has sought the NIA's response.

A hearing was conducted in a closed courtroom at Patiala House Court. All the accused persons were produced physically before the court after 10 days of NIA custody. NIA sought judicial custody of the accused persons. On March 27, the National Investigation Agency (NIA) had said that new facts have revealed the accused persons' involvement in the offence of Conspiracy of Terrorist act under Section 18 of UAPA.

It had also said that there are several aspects, including why the accused persons came to India, why they went to Myanmar, whether drones were used for imparting training, and whether they are linked directly or indirectly to any Indian insurgent groups, that require investigation.

"Why had the accused persons come to India? Why do they travel to Myanmar? What was their objective in using drones? Did the accused persons use drones to impart training to any person? whether any Indian or any member of a rebel ethnic group in India is linked with the accused persons, directly or indirectly? What infrastructure was used by the accused persons while visiting India and beyond? Such questions and questions of like nature need investigation. I am in agreement with NIA, based on the contents of case diaries, that facts of this case are sensitive in nature," Special Judge had said.

The accused have been arrested for allegedly supporting ethnic war groups in Myanmar by supplying weapons and terrorist hardware and training them. They have been arrested in a case lodged under Section 18 (Terror Conspiracy) and BNS.

Earlier, while seeking remand, it was alleged by the NIA that the accused persons, during custody, would also show that they were in direct touch and abetted in their terrorist/ illegal activities by unknown terrorists carrying AK-47 rifles.
NIA has alleged that the accused persons, linked with ethnic armed groups, are supporting certain proscribed Indian insurgent groups by supplying weapons and terrorist hardware and training them. Said aspects definitely affect the national security and interests of India.

While granting 11 days' remand, the court earlier had said, "So, it is not the situation that the FIR does not make a whisper about illegal acts being done by accused persons against national security and interests of India. In other words, Section 18 of UA(P)A broadly applies.

NIA arrested 3 Ukrainians, who were arrested from Delhi; 3 from Lucknow; and one US citizen from Kolkata. Special public prosecutor (SPP) Atul Tyagi, along with Amit Rohila, had appeared for the NIA. It is alleged that NIA got information that 14 Ukrainians entered India on tourist visa on different dates and flew to Guwahati and thereafter travelled to Mizoram without necessary documents and entered Myanmar Illegally and they were to conduct pre-schedule training for Myanmar based Ethnic Armed Groups (EAG), known to support terrorist organisations or gangs operating in India in the domain of drone warfare, drone operation, assembly and Jamming Technology etc. targeting Myanmar Junta.

It is alleged that they came to India on a visa and then entered Mizoram, which is a protected area. Thereafter, they entered Myanmar and contacted ethnic war groups. It is alleged by the NIA that they were trained in Myanmar and were training ethnic war groups. These groups are associated with insurgent groups in India. It is also alleged that they brought a huge consignment of drones from Europe via India. 

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