Indian NIA court allows American-style diet for US terror suspect in custody

Preserving the accused’s dignity requires allowing him access to food he is accustomed to eating, and meals prepared according to his dietary requirements, the defence argues

Published: July 22, 2026 01:41 am IST | New Delhi By: Ishita Mishra

A special National Investigation Agency (NIA) court on Tuesday (July 21, 2026) allowed a plea filed by US national Matthew Aaron Van Dyke, an accused in a terror conspiracy case being investigated by the NIA, seeking permission for a “protein-rich” and “American-style” diet in jail.

Background of the Plea

Earlier this month, Mr. Van Dyke moved an application through his counsel, advocates Rohit Dandriyal and Rohit Gour, seeking dietary accommodations. The plea claimed that the accused had been on an apparent hunger strike for nearly 50 days and had survived largely on liquids, including soy milk, because he was unable to consume the food served in prison. It also stated that he had lost around 13 kg during this period. He hence sought a protein-rich, American-style diet, including soy milk.

Court Proceedings

The matter came up for hearing on Tuesday (July 21) after the NIA and the Jail Superintendent filed their replies.

Additional Sessions Judge Prashant Sharma of the Patiala House Courts heard detailed submissions from the defence, which argued that Mr. Van Dyke’s health condition prevented him from consuming the regular prison diet, contending that the food served in jail was excessively oily, spicy and greasy for him.

The defence submitted that Article 21 of the Constitution, which guarantees the right to life and personal liberty, also encompasses the right to live with dignity. It argued that preserving the accused’s dignity required allowing him access to food he was accustomed to eating and meals prepared according to his dietary requirements.

Court’s Decision

“After considering the submissions, the court allowed the list of food items sought in the application, except non-vegetarian items. It also directed the jail authorities to provide a cook to prepare meals for Van Dyke in accordance with his dietary preferences,” Mr. Dandriyal told The Hindu.

The court also directed that the counsel for the accused visit the jail on Wednesday (July 22, 2026) in the presence of the Medical Officer, the Jail Superintendent and the cook appointed by the prison authorities.

“During the visit, the cook will prepare a meal based on Van Dyke’s preferences in the presence of his counsel, following which similar meals are to be provided to him on a daily basis,” Mr. Dandriyal said.

The court had directed the Jail Superintendent and the Medical Officer to ensure Mr. Van Dyke’s health and well-being while in custody, he added. The Jail Superintendent had also been instructed to provide him with protection from mosquitoes, and an electric kettle.

Case Background

Mr. Van Dyke was arrested by the NIA on March 13, 2026, along with six Ukrainian nationals. According to the agency, the accused entered India on tourist visas and travelled to the northeast region without obtaining the mandatory permits. The investigators have alleged that they crossed illegally from Mizoram into Myanmar and were involved in training ethnic armed organisations.

The NIA has invoked provisions of the Unlawful Activities (Prevention) Act, including those relating to conspiracy, as it continues its investigation into the alleged cross-border network.

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