VanDyke, 6 Ukrainians trained armed groups in Myanmar, alleges NIA chargesheet

VanDyke, 6 Ukrainians trained armed groups in Myanmar, alleges NIA chargesheet

Published By: Mayank Kasyap 08 Sep 2026 05:40 PM
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NIA catches 7 foreign nationals related to terror acts in India

Courtesy: X/Ezkaferno1373, X/Kyrylo_Budanov

The National Investigation Agency has filed a chargesheet against American national Matthew Aaron VanDyke and six Ukrainian nationals, alleging that they travelled through protected areas of Mizoram and crossed into Myanmar, where investigators say they trained ethnic armed groups and facilitated drone-related activities. However, the agency has not invoked the Unlawful Activities (Prevention) Act in the chargesheet filed on Tuesday, according to reports on the court proceedings.

The seven had initially been arrested in March in a case registered under Section 18 of the UAPA, which deals with conspiracy or preparation for terrorist acts. The latest chargesheet instead invokes Sections 21 and 23 of the Immigration and Foreigners Act, 2025, ThePrint reported. The NIA prosecutor told the court that investigation into possible UAPA offences remained pending, leaving the agency open to filing a supplementary chargesheet if further evidence supports such charges.

What has the NIA alleged in the chargesheet?

According to India Today, the NIA chargesheet alleges that VanDyke and the six Ukrainians entered India on valid visas before travelling to Mizoram, where restrictions apply to the movement of foreign nationals in protected areas, and subsequently crossed into Myanmar. The agency has accused them of involvement in training ethnic armed groups that it says have links with insurgent organisations affecting India's Northeast.

The six Ukrainian nationals named in the case are Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor. VanDyke was detained at Kolkata airport in March, while the Ukrainians were detained at airports in Delhi and Lucknow.

The NIA has also accused the group of bringing drones and associated equipment from Europe and helping armed organisations operating in Myanmar. These claims remain allegations by the investigating agency and have not been established by a court.

Why were UAPA charges left out?

The most significant development is that the chargesheet does not, at this stage, prosecute the seven under the anti-terror law.

Special Public Prosecutor Rahul Tyagi told the court that the NIA had kept the investigation into UAPA offences pending, according to ThePrint. This means the absence of UAPA provisions in Tuesday's chargesheet does not amount to a final closure of the terror-related investigation, but neither can the seven presently be described as chargesheeted under UAPA on the basis of this filing.

The chargesheet instead relies on Sections 21 and 23 of the Immigration and Foreigners Act, 2025. Section 21 covers entry by a foreigner into an area without the passport, visa or other travel authorisation required for that entry. Section 23 covers, among other things, breaches of visa conditions and other contraventions for which the Act does not prescribe a separate punishment.

Both offences can be compounded under Section 25 of the Act, subject to the statutory procedure. The Ministry of Home Affairs has also notified the Foreigners Regional Registration Officer as an authority for compounding specified offences under the law.

What had the NIA earlier told the Delhi court?

Days before the chargesheet, the NIA had made broader allegations while seeking permission to interrogate VanDyke and Kaminskyi inside Tihar Jail.

In an August 19 application, the agency told a Delhi court that the Centre had received information about the alleged involvement of Ukrainian and US nationals in a drone attack on a civilian aircraft in Myanmar. The NIA said 14 Ukrainians had travelled to Guwahati and then Mizoram without the required Restricted Area Permit or Protected Area Permit before crossing into Myanmar.

The agency alleged that training involved drone warfare, drone operations, drone assembly and jamming technology for Myanmar-based Ethnic Armed Groups fighting the country's military junta. It also alleged that some of these organisations supported proscribed Indian insurgent groups through weapons, hardware and training.

The Delhi court allowed the NIA to question VanDyke and Kaminskyi on September 2 and 3. Investigators said data extracted from seized electronic devices included images, videos and voice material requiring further examination and corroboration.

What does VanDyke's side say?

VanDyke's lawyers have challenged the investigation. After the chargesheet was filed without UAPA provisions, counsel Rohit Dandriyal questioned the basis on which his client had spent months in custody following the original terror-conspiracy allegations.

VanDyke's family and Sons of Liberty International, the organisation he founded, have separately maintained that he is innocent and have sought intervention from the US government. SOLI's website is currently campaigning for his release from India.

Social-media posts associated with VanDyke and SOLI have also promoted the hashtags #FreeVanDyke and #FreeMatthewVanDyke while appealing for US diplomatic action. These posts represent VanDyke's supporters' position, not independently verified findings about the case.

The central legal question now is whether the NIA's continuing investigation produces material sufficient for a supplementary UAPA chargesheet. Until then, the operative charges reported in Tuesday's filing are under the Immigration and Foreigners Act.