In a significant turn in the case involving American mercenary Matthew Aaron VanDyke and six Ukrainian nationals, the National Investigation Agency (NIA) has not invoked the anti-terror law in its chargesheet against the seven, who were arrested in March for allegedly training ethnic armed groups in Myanmar that were suspected of having links with insurgent outfits operating in India.
The seven had initially been booked under the stringent Unlawful Activities (Prevention) Act (UAPA) after Indian agencies detained them at different airports in what was described as a secret operation. However, the NIA chargesheet, filed seven months after their arrests, has instead charged VanDyke and the Ukrainians under Sections 21 and 23 of the Immigration and Foreigners Act, which deal with violations concerning the entry, movement and stay of foreigners in India.
Terror charges make way for immigration case
The decision marks a notable shift in a case that began with serious allegations under the anti-terror law. Despite the initial UAPA case and subsequent allegations concerning drones and armed groups in Myanmar, the chargesheet does not invoke the law against VanDyke and the six Ukrainians, India Today reports.
Asked why the terror charges had been dropped against the mercenaries, the Ministry of External Affairs (MEA) did not give a reason and described it as a “legal matter”.
From India to Myanmar
According to the NIA, the group entered India on valid visas and later travelled to Mizoram, which is a protected area. They subsequently crossed the border into Myanmar, the chargesheet said.
VanDyke was detained at Kolkata airport on March 13, while the six Ukrainian nationals were picked up at airports in Delhi and Lucknow.
VanDyke is the founder of Sons of Liberty International (SOLI), a non-profit security firm that provides training to groups fighting authoritarian regimes. He has previously been involved in armed conflicts in Libya and Syria.
Armed groups and drone allegations
After crossing into Myanmar from Mizoram, VanDyke and the others came into contact with ethnic armed groups (EAGs), according to the NIA. These groups have been fighting Myanmar’s military junta since the 2021 coup.
The NIA has alleged that the EAGs were linked to insurgent outfits operating in India, adding another serious dimension to the case even though terror provisions do not figure in the chargesheet.
The agency has also alleged that VanDyke and the Ukrainian nationals brought a large consignment of drones from Europe to Myanmar through India.
Civilian aircraft attack under scanner
Last week, the NIA told the court that the group was involved in a drone attack on a civilian aircraft in Myanmar.
Earlier this year, local reports in Myanmar said a passenger aircraft was hit by a suicide drone while preparing to take off for Mandalay. It is, however, not immediately clear whether the attack referred to by the NIA was the same incident.
The agency has also said it is investigating the group’s alleged links with Myanmar-based terror masterminds.
Questions remain despite narrower charges
The absence of UAPA charges is particularly significant given the allegations that have emerged during the investigation. The case now rests on immigration-related provisions even as the NIA continues to examine alleged links involving armed groups, drones and Myanmar-based terror figures.
That contrast leaves an important question hanging over the proceedings: how the allegations investigated by the agency will ultimately fit with the substantially narrower charges placed before the court. The Delhi court has listed the matter for October 1.
