Delhi Court Grants NIA 11-Day Custody of American, Ukrainian Nationals in Terror-Linked Case

New Delhi: A Delhi court has granted 11 days of police custody to American national Matthew Aaron Van Dyke and several Ukrainian citizens arrested by the National Investigation Agency (NIA), observing that the case raises serious national security concerns that go well beyond routine legal violations.

The order was passed by the Patiala House Court after the accused were produced before it following their arrest under the Unlawful Activities (Prevention) Act (UAPA).

Also Read: BJP Drops 15 Sitting MLAs, Including Cabinet Minister, in Assam Poll Candidate List

The prosecution laid out a serious set of allegations before the court, painting a picture of a coordinated cross-border conspiracy with links to armed groups in Myanmar.

The NIA alleged that the accused — multiple Ukrainian nationals and one American citizen — had entered India on separate visas, travelled to the Northeast, and subsequently crossed into Myanmar without authorisation.

The agency further alleged that the accused were connected to ethnic armed groups and had supported banned insurgent organisations by facilitating weapons supply, providing combat training, and engaging in activities involving advanced technologies including drones.

The court noted that these allegations, if established, have a direct bearing on India's security interests and raise significant concerns about potential violence and destabilisation in the region.

The Patiala House Court was clear that the case cannot be treated as a simple immigration matter.

It observed that criminal conspiracies are typically carried out in secrecy and require thorough investigation, and that an FIR must be read in its entirety rather than in isolation.

The court further noted that the investigation is still at an early stage, with digital material yet to be analysed and possible associates still to be identified. Custodial interrogation of the accused, it held, is necessary to uncover the full extent of the alleged conspiracy.

Counsel for the accused challenged the arrests on procedural grounds, arguing that mandatory legal safeguards had not been followed — including proper communication of the grounds of arrest and compliance with consular access provisions under international law.

The defence also contended that the case fundamentally concerns alleged immigration violations and that the prosecution lacks substantive evidence beyond disclosure statements.

Special Public Prosecutor Rahul Tyagi, appearing for the NIA, rejected these arguments and maintained that all due procedures had been followed.

The agency stated that the grounds of arrest were communicated to the accused in appropriate languages, the Ministry of External Affairs had been informed, and steps had been taken to facilitate consular access through the Ukrainian Embassy.

The court found no reason at this stage to doubt the registration of the FIR or the conduct of the ongoing investigation.

Along with granting the 11-day custody, the court directed that the accused undergo medical examination every 48 hours and be allowed limited virtual interaction with their lawyers and family members.

The accused are to be produced before the court again on March 27, 2026, for further proceedings.