Matthew VanDyke, who was released from Tihar Jail on September 24, has boarded a flight to America. The same mercenary Mathew, who was caught 6 months ago by India’s strictest anti-terrorism agency NIA and stringent laws like UAPA were imposed.
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After all, who is Mathew, why was he allowed to leave India despite the imposition of UAPA and will he return? Complete story in 3 chapters…
Matthew VanDyke was born in 1981 in Baltimore, USA. He calls himself a mercenary, that is, a mercenary who can fight for any country or organization in exchange for money. According to Mathew’s website, he is the founder of a private military named ‘Sons of Liberty International’ (SOLI), a war covering journalist and documentary filmmaker. He has also been a prisoner of war in countries like Syria and Iraq.
In the last two decades he has performed many operations around the world…
- Between 2007 and 2010, Matthew covered North Africa and the Middle East as a journalist traveling alone on a motorcycle. During this period, he was arrested several times in Iraq, then escaped.
- In 2011, a civil war was going on under the banner of the National Transitional Council (NTC) against Libyan dictator Muammar al-Gaddafi. During this time, Mathew entered Libya illegally and joined the anti-Gaddafi group.
- Gaddafi’s government forces captured him. After being in solitary confinement for about 5 months, he escaped from jail along with some prisoners on 24 August 2011.
- Matthew reached Syria from Libya. He made 2 documentaries. The first on a group rebelling against Syrian President Bashar al-Assad – ‘Not Anymore: A Story of Revolution’ and the second about his journey ‘Point and Shoot’.
Matthew VanDyke during the civil war in Syria.
- In 2014, Islamic State in Syria kidnapped Matthew’s two journalist friends, James Foley and Steven Sotloff, and beheaded them on camera. This shook Mathew so much that he formed a private military organization named SOLI.
- SOLI claims to provide free military training and assistance to people in the most dangerous areas of the world. Through SOLI, Matthew trained Assyrian Christians in Iraq against ISIS.
- After the outbreak of the Russia-Ukraine war in 2022, he reached Ukraine and trained the Territorial Defense Forces, a reserve unit of the Ukrainian army made up of civilians.
So what was Matthew doing in India?
- On March 13, 2026, India’s National Investigation Agency i.e. NIA arrested Mathew from Kolkata Airport as part of a counter-terror operation. Apart from this, 6 Ukrainian citizens were also caught from Delhi and Lucknow airports.
- NIA alleges that all the seven accused came to India on valid tourist visas. Then they started moving from Guwahati towards Mizoram without the necessary permits. Protected Area Permit is required to visit most areas of Mizoram.
- From Mizoram they entered Myanmar and reached Camp Victoria, a military base linked to the Chin National Army (CNA). CNA is an armed organization fighting against Myanmar’s military junta, that is, the military power that came after the coup. It is active in the area adjacent to the India-Myanmar border.
- According to NIA’s initial allegations, Mathew and his Ukrainian associates supplied weapons to rebel groups operating in the north-east of India. They trained Myanmar rebel groups to operate, assemble, fight and jam drones, etc. A large consignment of drones was also transported illegally from Europe to Myanmar via India.
- On March 16, NIA claimed in the court that all of them have confessed to helping in terrorist activities and supporting rebel groups in the North-East.
At the time of arrest, the NIA imposed Section 18 of the Unlawful Activities (Prevention) Act, i.e. UAPA, on the accused, which relates to terrorist conspiracy, attempt, support, incitement or assistance.
Under UAPA, the charge sheet has to be filed within 180 days after completing the investigation, which in the case of Mathew was ending on 8 September 2026. NIA filed the charge sheet on September 8, but instead of UAPA sections, it invoked sections 21 and 23 of the Immigration and Foreigners Act, 2025.
Section 21 pertains to entering India without a valid passport or travel document, while Section 23 pertains to overstaying in India beyond the expiry of the visa or breaking visa rules.
NIA’s argument was that the investigation is still ongoing and more time is needed to confirm the offense under UAPA.
This is where there is an opportunity for legal exemption…
- Actually, due to Section 43(D)(5) of UAPA, it is very difficult for the accused to get bail, but if the investigation is completed within 180 days and charge sheet is not filed with concrete allegations, then there is scope for bail.
- Special NIA Judge Prashant Sharma of Delhi’s Rouse Avenue Court said that the investigation under UAPA is likely to continue further. In such a situation, it cannot be said that accused Mathew is not entitled to default bail. NIA has filed an incomplete charge sheet.
- On September 18, the court granted bail to Mathew on a personal bond and surety bond of Rs 1 lakh each, but directed him to stay in Delhi.
- Meanwhile, the Foreigners Regional Registration Office settled the Immigration Act case by imposing a fine of Rs 5.5 lakh on each accused.
NIA officers taking away Mathew after appearing in the court.
- On September 23, the court also granted default bail to six Ukrainians on a cash bond of Rs 1 lakh each. While changing the condition of Mathew’s bail, he was ordered to be released only on cash bond instead of surety bond, because he did not have anyone known in India to act as surety.
- On September 24, the court allowed the accused to go to their homes. The court said that the right to travel abroad is part of the fundamental rights under Article 21. NIA also admitted that immediate presence of the accused is not necessary.
The court also imposed some conditions along with the exemption…
- Before leaving India, NIA will have to provide your address, phone number and email within 24 hours.
- Everyone will have to return to India after a month.
- Information will have to be given to the court within 72 hours of return.
- Will have to cooperate in the agency’s investigation. Whenever he calls, you have to be present. Whether through video conferencing or by appearing in person.
After this, on the night of 24 September, Mathew and the remaining 6 accused were released from Tihar Jail. Many opposition leaders are raising questions on this.
On September 24, 196 days after his arrest, Mathew got bail and was released from jail.
Congress leader Jairam Ramesh wrote on social media that during US Secretary of State Marco Rubio’s visit to India on May 23-26, US Ambassador Sergio Gore had raised the issue of Mathew with Foreign Secretary Vikram Misri.
He alleged that American pressure decided this outcome, but what did India get in return? More importantly, how did these foreign suspects get visas and how were they allowed to go to Myanmar through India?
AIMIM chief Asaduddin Owaisi said, ‘Sergio Gore decides against whom charge sheet should be filed under UAPA. Indian citizens can rot in jail for 9 to 10 years under UAPA, because they do not have Sergio Gore.
Strategic affairs expert Dr Brahma Chellaney observes that India has repeatedly watered down, dropped or neutralized high-profile criminal proceedings against foreign nationals or entities under diplomatic or strategic pressure.
The court has clearly said that after a month, Mathew and the remaining 6 accused will have to return to India and will have to inform the court within 72 hours of their return.
NIA’s investigation regarding UAPA is going on. If the agency finds evidence and crimes are confirmed, it can file a supplementary chargesheet. If this happens, Matthew may again be accused of terrorist activities under UAPA and the case may proceed.
However, there is doubt over Matthew’s return. In most cases, there is no one to guarantee the return of foreign accused. It has happened before also that foreign accused, once released, did not return. 3 famous cases…
- When Union Carbide chief Warren Anderson came to India in the Bhopal gas tragedy case of December 1984, he was arrested, but later got bail and went abroad.
- CBI made Italian businessman Ottavio Quattrocchi an accused in the 1986 Bofors scam, but Quattrocchi fled the country in 1993.
- In February 2012, two Indian fishermen were shot dead in the sea off Kerala. These bullets were fired by Question 2 Italian Marines on an Italian oil tanker named Enrica Lexie. Both were arrested, but later they went abroad on bail and did not return.
In such a situation, if Mathew does not return on time, India has two options – canceling the bail and issuing a non-bailable warrant or seeking formal extradition under the India-US Extradition Treaty (1997).
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