Terror Probe Against US Mercenary, 6 Others Still Active In India: Sources
Terror investigation involving seven people remains active in India.
The National Investigation Agency (NIA) has not dropped its investigation under the Unlawful Activities (Prevention) Act (UAPA) against American national Matthew Aaron VanDyke and six Ukrainians, sources familiar with the case have indicated. The clarification follows reports suggesting that the stringent anti-terror law was no longer being pursued against VanDyke, who is in custody over allegations linked to his entry into India and intended travel to Myanmar.
VanDyke and the six Ukrainian nationals were arrested in March and booked under Section 18 of the UAPA, which relates to conspiracy or attempts connected with terrorist activities. According to sources, the NIA has now filed a chargesheet against the accused under the Immigration and Foreigners Act after establishing offences under that legislation during its investigation. However, the probe into the alleged UAPA offences against all seven accused remains ongoing.
The development is linked to the statutory period available to investigating agencies under the UAPA when an accused remains in custody. The agency can have up to 180 days to complete its investigation in such cases, after which an accused may seek bail if a chargesheet has not been filed within the prescribed period. In VanDyke’s case, the 180-day period was due to expire on September 8, prompting the NIA to file the chargesheet under the Immigration and Foreigners Act for offences that it had already established.
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Sources stressed that filing the Immigration and Foreigners Act chargesheet does not mean the broader investigation has been closed or abandoned. The chargesheet itself records that the UAPA investigation is continuing, they added. The legal framework also permits further investigation after a chargesheet has been filed and allows investigating agencies to submit supplementary chargesheets if additional evidence or offences are established during the continuing probe.
VanDyke has been described as a US national with a long digital footprint relating to his involvement with foreign conflicts and the recruitment and training of fighters. He runs the security firm Sons of Liberty International and has previously spoken publicly about sending trained personnel to conflict zones. Whether his earlier activities are connected to the allegations surrounding his presence in India and his alleged plans to train ethnic armed organisations in Myanmar remains part of the ongoing investigation.
The case has also involved diplomatic attention, with US officials indicating that inquiries concerning detained American citizens are a normal part of consular practice. The Ministry of External Affairs has similarly maintained that Indian missions follow established procedures when Indian nationals are arrested abroad, including seeking consular access and legal assistance. For now, the NIA’s filing under the Immigration and Foreigners Act does not alter the status of the UAPA investigation, which remains underway against VanDyke and the six other accused.
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