In a surprising legal turn, the NIA has filed its first charge sheet against a US citizen and six Ukrainians accused of training armed groups in Myanmar, omitting the stringent UAPA charges in favor of immigration violations.

  • NIA filed the first charge sheet against US citizen Matthew Aaron Van Dyke and 6 Ukrainian nationals.
  • The stringent Unlawful Activities (Prevention) Act (UAPA) sections were notably absent from the filing.
  • Accused are now only charged under Sections 21 and 23 of the Immigration and Foreigners Act, 2025.

New Delhi: The National Investigation Agency (NIA) has opted not to invoke the Unlawful Activities (Prevention) Act (UAPA) in its first charge sheet against six Ukrainian citizens and one U.S. national. The group had been arrested in March for allegedly training anti-India armed groups within the borders of Myanmar. The charge sheet, submitted to a special court on Tuesday, pivots the case toward immigration law violations.

The U.S. national, Matthew Aaron Van Dyke, was apprehended at the Kolkata airport on March 13. Simultaneously, six Ukrainians—Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor—were arrested at airports in Delhi and Lucknow. According to the agency, these individuals entered India on tourist visas and illegally traversed into Myanmar via Mizoram without the required permits.

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Why This Matters

BozokMedia analysis suggests a strong correlation between this legal shift and high-level diplomatic engagement. The decision comes shortly after U.S. Ambassador to India Sergio Gor raised the matter with Foreign Secretary Vikram Misri and U.S. Secretary of State Marco Rubio. This indicates that while national security is paramount, the Indian government is carefully navigating the diplomatic sensitivities of the US-India strategic partnership.

"When a person is detained for 180 days on terror charges only for the agency to file a charge sheet for immigration violations, it raises fundamental questions about personal liberty under Article 21 of the Constitution."

Special Public Prosecutor Rahul Tyagi clarified that while UAPA sections were not included in this specific filing, the investigation remains active. The NIA reserves the right to file a supplementary charge sheet should further evidence emerge that justifies the invocation of anti-terror laws.

Legal representatives for Mr. Van Dyke, Rohit Dandriyal and Rohit Gour, have criticized the prolonged incarceration. They highlighted that the agency sought an extension to 180 days for the investigation, only to conclude that the evidence supported only compoundable offenses under the Immigration and Foreigners Act, 2025.

Did You Know?: A 'compoundable offense' is a crime where the victim or the state can agree to drop the charges upon payment of a fine or fulfillment of certain conditions, unlike UAPA charges which are non-compoundable.

Frequently Asked Questions

1. What were the original allegations against the foreigners?
They were accused of entering Myanmar illegally from Mizoram to provide training to ethnic armed organizations and targeting passenger aircraft.

2. Does this mean the NIA has cleared them of terrorism?
Not entirely. The agency has stated that the investigation is ongoing and a supplementary charge sheet may be filed if UAPA offenses are substantiated later.