Myanmar terror case: Custody of 6 Ukrainians, 1 US citizen extended

A Delhi court extended the judicial custody of 6 Ukrainians and 1 US citizen for 30 days in a Myanmar terror training case. Accused of arming ethnic groups, the hearing was held in-camera, barring embassy officials due to its sensitive nature.

The Patiala House Court on Wednesday extended the judicial custody of 6 Ukranian citizen and one US Citizen for 30 days in the Myanmar terror training case. The court disallowed the Ukrainian and US Embassy officials from observing the hearing in view of the sensitivity of the case and the prevailing law.

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

Accused Persons Identified

Special Judge (NIA) Prashant Sharma extended the judicial custody of seven 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), for 30 days.

Court Bars Embassy Officials from Sensitive Hearing

The accused persons were produced through video conferencing from Tihar Jail due to safety and security reasons. A hearing was conducted in a closed courtroom at Patiala House Court.

The special judge interacted with the embassy officials and said that, as per law, the hearing will go in camera (closed courtroom). "You need not worry. But I can't allow you to attend and observe the hearing as per the law. You have counsels, they will pursue the matter. Everything will be done as per the law. You have consular access to meet your citizens," the Special Judge said.

Advocate Nitin Saluja appeared for Ukrainian citizens. 2 women officials also came to court and said that they want to monitor the hearing. The court said you will monitor the matter, and I will preserve the accused's right. You need not worry. The official left the court after the court asked.

Advocate Rohit Dandriyal and Rohit Gour appeared for US National Matthew Aaron Van Dyke. They introduced the US Embassy officials to the court. The counsel for NIA objected to their presence in the court. Special Public Prosecutor (SPP) Rahul Tyagi for NIA appeared through video conferencing.

Defense Opposes Custody, Seeks Relief

Advocate Jatin alongwith Amit Rohila, appeared for NIA and sought 30 days extension of the judicial custody of all seven accsued.

The counsel for US citizen Mathew Aaron Van Dyke opposed the extension of judicial custody on the grounds of his bad health. The counsel also seeks his treatment in a private hospital.

The counsel for Ukrainians sought a direction to allow E Mulakat and their families. The court said there is a circular for under-trial prisoners of cases under special Acts. This court is not empowered to allow the E mulakat of this accsued persons. The court has asked the counsels to file proper applications.

Background of the NIA Investigation

On April 6, the Special NIA court remanded seven foreigners, including 6 Ukranian and one US citizen, in judicial custody after NIA interrogation in a terror case lodged under UAPA. 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 been 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, required investigation.

" Why had the accused persons come to India? Why did 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.

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, 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 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 UAPA broadly attracts.

Details of Allegations

NIA arrested 3 Ukrainian were arrested from Delhi, 3 from Lucknow and one US citizen from Kolkata. 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. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)