Delhi court allows seven foreign nationals in Myanmar drone training case to travel home

A Delhi court has allowed seven foreign nationals arrested in a case being investigated by the National Investigation Agency (NIA) over an alleged drone-warfare training camp linked to ethnic armed groups in Myanmar to travel to their home countries for one month.

Special NIA Judge Prashant Sharma passed the order on Thursday, September 24, allowing US national Matthew Aaron Van Dyke and six Ukrainian nationals to travel to the United States and Ukraine, respectively.

The court had earlier discharged the seven under Sections 21 and 23 of the Immigration and Foreigners Act, 2025, after the Foreigners Regional Registration Office (FRRO) compounded the alleged offences. The FRRO had imposed a fine of Rs 5.5 lakh on each of them on September 18.

The accused had sought release of their passports and permission to travel abroad. The court noted that the NIA's investigation into alleged offences under the Unlawful Activities (Prevention) Act (UAPA) was still underway.

The court said the NIA would require time to complete the investigation and observed that the agency had not claimed that the physical presence of the seven accused would be required in the immediate future.

“The right to travel abroad is an extension of fundamental rights under Article 21 of the Constitution,” the court said, adding that a balance had to be maintained while considering the applications.

The court allowed the seven to travel for one month from the date they board their respective flights, subject to conditions. They have been directed to join the NIA investigation through video conference or physically whenever required.

They have also been asked to provide their residential addresses, working phone numbers and email addresses to the NIA within 24 hours. The court directed them to return to India after completing one month in their respective countries.

Van Dyke was granted default bail on September 18, while the six Ukrainian nationals — Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim alias Maksym and Kaminskyi Viktor — were granted default bail on September 23.

The NIA had initially registered a case against the seven under Section 18 of the UAPA, relating to conspiracy, along with provisions of the Bharatiya Nyaya Sanhita (BNS).

The agency had investigated the alleged UAPA offences for 180 days after obtaining an extension from the court. However, in its first chargesheet filed on September 8, it invoked provisions of the Immigration and Foreigners Act and said the UAPA investigation was continuing.

The NIA said it could file a supplementary chargesheet if the ongoing probe established offences under the anti-terror law. It also said further investigation was required to ascertain the complete facts, particularly regarding the import and recovery of a large quantity of drones and accessories through India.

According to the NIA, the accused allegedly entered Myanmar through Mizoram without valid travel documents and participated in a pre-scheduled programme involving drone warfare, drone operations, assembly and jamming technology for Myanmar-based ethnic armed groups.

The agency had earlier told the court that the accused were being investigated in connection with an alleged wider conspiracy involving assistance to ethnic armed groups in India and Myanmar and providing them with drone training.