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NIA says UAPA probe against US national VanDyke, six Ukrainians continues

VanDyke is in custody for entering India illegally before travelling to Myanmar to train ethnic insurgents in drone warfare and other forms of combat.

The National Investigation Agency (NIA) has not dropped terror charges against American national Matthew Aaron VanDyke, with the investigation under the Unlawful Activities (Prevention) Act (UAPA) continuing, sources said on Wednesday.

VanDyke and six Ukrainian nationals were charged under Section 18 of the UAPA after they were arrested in March. VanDyke is in custody for entering India illegally before travelling to Myanmar to train ethnic insurgents in drone warfare and other forms of combat.

Sources said the NIA filed a chargesheet under the Immigration and Foreigners Act (IFA) because offences under that law had already been established during the investigation. The move was made before the 180-day statutory period for completing the UAPA investigation expired on September 8.

Under the UAPA, an investigating agency can have up to 180 days to complete its probe while an accused remains in custody. If a chargesheet is not filed within the prescribed period, the accused can seek bail.

Sources said the filing of the IFA chargesheet does not indicate that the UAPA investigation has been withdrawn or closed. The chargesheet records that the UAPA probe is continuing, they said, adding that the law permits further investigation after a chargesheet is filed and allows supplementary chargesheets.

US diplomats have said that seeking information about a detained American citizen is routine diplomatic practice. The Ministry of External Affairs has also said Indian missions similarly seek consular access, legal assistance and fair treatment when Indians are arrested abroad.

VanDyke has maintained a digital presence for more than a decade through his security firm, Sons of Liberty International. In a past interview, he described recruiting and training fighters to assist local populations in conflicts overseas.

Whether those activities explain his presence in India and the allegations that he travelled to Myanmar to train ethnic armed organisations remain under investigation, sources said.

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