NIA removes UAPA charge against US mercenary VanDyke and six others in Myanmar training case

The agency had arrested three Ukrainian nationals from Delhi, three from Lucknow and a US citizen from Kolkata. They were remanded to 11 days of NIA custody on March 17.

The National Investigation Agency (NIA) on Tuesday filed a charge sheet before the Rouse Avenue court against six Ukrainian nationals and one US citizen in a case registered by the agency in March 2026 under the Unlawful Activities (Prevention) Act (UAPA).

However, in a major twist in the case, the probe agency has removed UAPA provisions in the fresh chargesheet filed on Tuesday.

“The investigation in this regard is ongoing. The NIA may file a supplementary charge sheet if an offence is made out under UAPA,” the agency’s Special Public Prosecutor (SPP) said.

The NIA has instead invoked Sections 21 and 23 of the Foreigners Act. The two provisions constitute compoundable offences at the level of the Foreigners Regional Registration Office (FRRO).

The charge sheet was filed before Special NIA Judge Prashant Sharma, who has listed the matter for consideration on October 1.

During the proceedings, NIA Special Public Prosecutor Rahul Tyagi appeared along with advocates Jatin Khatri and Amit Rohila. Advocate Nitin Saluja, along with Garima Singh, represented the six Ukrainian accused, while advocates Rohit Dandriyal and Rohit Gour appeared for US national Matthew Aaron Van Dyke. 

Who are the accused?

The seven accused are Matthew Aaron Van Dyke, a US citizen, and six Ukrainian nationals — Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor.

They were arrested in connection with allegations of supporting ethnic armed groups in Myanmar by supplying weapons, terrorist hardware and training. The accused were in custody for around 180 days following their arrest in May 2026.

The NIA had initially registered the case under Section 18 of the UAPA, relating to conspiracy for a terrorist act, along with provisions of the Bharatiya Nyaya Sanhita (BNS).

The agency had arrested three Ukrainian nationals from Delhi, three from Lucknow and a US citizen from Kolkata. They were remanded to 11 days of NIA custody on March 17.

What did the NIA allege?

While seeking their custody, the NIA had alleged that the accused were supporting ethnic armed groups in Myanmar by providing weapons, terrorist hardware and training.

The agency had also alleged that the accused were linked to certain proscribed Indian insurgent groups and that their activities had implications for India’s national security and interests.

The agency further alleged that the accused, while in custody, could reveal details about their alleged direct contact with unknown terrorists carrying AK-47 rifles and their alleged assistance in terrorist or illegal activities.

While granting 11 days of custody, the court had observed that the FIR did contain allegations concerning acts against India’s national security and interests.

The court said, “So, it is not the situation that the FIR does not make a whisper about illegal acts being done by accused persons against national security and interests of India.” It further observed that Section 18 of the UAPA was “broadly attracted”.

According to the NIA’s allegations, the accused had entered India on visas before travelling to Mizoram, a protected area. They allegedly then entered Myanmar and established contact with ethnic armed groups.

The agency also alleged that the accused received training in Myanmar and subsequently trained ethnic armed groups there. The NIA claimed these groups were associated with insurgent groups in India.

Another allegation made by the agency was that the accused brought a large consignment of drones from Europe through India.

The investigation remains underway, and the NIA has indicated that a supplementary charge sheet could be filed if further investigation establishes an offence under the UAPA.

(with IANS inputs)

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