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Van Dyke appears before court in Manipur arms case

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The NIA, which had withdrawn terror charges last month against the US national Matthew Aaron Van Dyke, on Friday told a special court that he could appear via video-conferencing in the matter, even as it sought three months’ time for further investigation against him in cases related to his alleged involvement in the Manipur arms training case.The court adjourned the matter for further hearing till February 24, 2027, and also granted Van Dyke, who was present in the court, a legal aid counsel after his lawyer Rohit Dandriyal (who appeared via video conferencing) withdrew himself as his counsel over non-payment of fees. This happened after the US national told the court that he cannot afford the legal expenses of a private counsel.He and the six Ukrainians (who were present via video conferencing on Friday), were given exemption by the special court from appearing in person in the next hearing. Van Dyke and six Ukrainian nationals were last month given default bail by the court after NIA had dropped charges under UAPA against him and the others. Counsels for the six Ukrainians were present in the court.While granting bail to him and allowing Van Dyke to return to the US to meet his family last month, the NIA special court had asked him to appear before it on October 23.He requested the court to direct NIA to return his belongings to him, which include his laptop, hard drives and documents. The NIA submitted that further investigation was underway and that it would inform the court about developments in the probe at the next hearing. Its counsel, special public prosecutor Rahul Tyagi, along with advocates Jatin Khatri and Amit Rohila, appeared for the agency. The court also kept pending Van Dyke’s application seeking the release of his articles.On Friday, while extending till February 24 next year, the permission granted to Van Dyke and six Ukrainian nationals to remain outside India in the Myanmar arms training case being probed by the NIA, judge Prashant Sharma said the accused Matthew Aaron Van Dyke is given liberty to return to America and come back by next date of hearing.”He is given liberty to appear through video conferencing. In the meanwhile, accused Matthew Aaron Van Dyke is at liberty to approach the office of FRRO/ competent authority for getting his Visa extended in accordance with law to enable him to attend court hearing. As such, this court has no objection, if concerned rules permits extension of his Visa,” the order said.The court further granted exemption to the six Ukrainians from personal appearance and allowed them to join the proceedings through video conferencing on the next date of hearing.It further accepted the Ukrainian nationals’ request seeking extension for their return to India, saying that “no prejudice will be caused to NIA if accused no. 2 to 7 remain absent till next date of hearing. Accordingly, present application stands allowed”.The six Ukrainian nationals appeared through video conferencing, citing health issues. Their counsel submitted that they were unwell, following which the court extended their permission to stay outside India.Speaking with reporters outside the courtroom, Van Dyke questioned the continuation of the case against him. “There’s no reason for it to continue. If not, I’ll stay in India. Until this is over,” he said.VanDyke, who was granted default bail last month, had returned to India to appear before the court and seek an extension of the permission granted to him to travel abroad.On September 24, the court had allowed VanDyke to travel to the US and the six Ukrainian nationals to travel to Ukraine for a month to meet their families, subject to certain conditions. It had directed them to return to India after the month-long period and inform the court within 72 hours of their return.The court had also directed the accused to join the investigation through video conferencing or in person, as required by the NIA.The US national also said that he had removed his lawyer due to financial difficulties. “I don’t have any comments on the case. It’s all ongoing. Especially now that I’m my own lawyer. I don’t want to talk about it. There is a money issue. That’s the main issue,” he said.Van Dyke also denied receiving any assistance from the US embassy in the case.The NIA had earlier alleged that Van Dyke and the six Ukrainian nationals entered India on tourist visas, travelled to the northeastern region without mandatory permits and subsequently crossed from Mizoram into Myanmar, where they allegedly trained ethnic armed organisations.The agency had initially invoked provisions of the Unlawful Activities (Prevention) Act (UAPA), including those relating to conspiracy.It had also alleged that the accused disclosed details about the network and were involved in assembling equipment and targeting a passenger aircraft in Myanmar.However, in its charge sheet, the NIA did not invoke the UAPA 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 (FRRO).The agency had earlier indicated that its investigation into the alleged terror-related aspects was continuing and that further allegations could be included in a supplementary charge sheet.

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