NIA Says Terror Probe Against US Mercenary Matthew VanDyke Still Underway Amid Chargesheet Row

The National Investigation Agency (NIA) has clarified that its probe into the alleged terror-related activities of American mercenary Matthew Aaron VanDyke and six Ukrainian nationals is still continuing, amid questions over why provisions of the anti-terror law were not included in its chargesheet.

The clarification came after criticism erupted over the NIA filing a chargesheet against the accused under the Immigration and Foreigners Act instead of retaining the Unlawful Activities (Prevention) Act (UAPA) provisions that had initially been invoked.

The agency had initially booked VanDyke and the others under Section 18 of the UAPA, which deals with conspiracy to commit terrorist acts. However, the UAPA charges did not appear in the chargesheet submitted before a special Delhi court on Tuesday.

Supplementary Chargesheet Can Be Filed

NIA sources said the chargesheet itself records that the investigation into the alleged terror conspiracy remains pending.

The agency has maintained that the offences established during the investigation so far have been included in the chargesheet under the Foreigners Act, while the wider probe continues.

The NIA can submit supplementary chargesheets if further evidence emerges as the investigation progresses.

The development is also linked to the 180-day custody deadline for VanDyke and the other accused, which ended on September 8, requiring the investigating agency to file a chargesheet.

Congress Questions Absence Of UAPA Charges

The development triggered criticism from the Opposition, with Congress questioning the decision not to include the anti-terror provisions in the chargesheet.

Congress MP Abhishek Manu Singhvi questioned how allegations concerning illegal entry, links with armed groups and drone warfare training could disappear from the case.

Congress leader Jairam Ramesh also questioned whether the decision was influenced by pressure from the United States and sought an explanation from the government.

The NIA, however, said concerns raised by US officials about VanDyke’s detention were part of normal consular engagement and would not influence the investigation or its outcome.

Who Is Matthew VanDyke?

VanDyke, an American national who has been associated with armed conflicts in countries including Libya and Syria, was detained at Kolkata airport on March 13. The six Ukrainian nationals were separately apprehended at airports in Delhi and Lucknow.

Previously, he had gained publicity for his deployment to trouble spots. VanDyke was reportedly taken prisoner by forces loyal to then-Libyan leader Muammar Gaddafi in 2011 and held as a POW until the regime's downfall.

Later he co-founded a non-profit security organisation called Sons of Liberty International (SOLI) which offers military and security training to groups in conflict zones.

NIA Allegations Involve Myanmar Armed Groups

According to the NIA's allegations, VanDyke and the Ukrainian nationals entered Myanmar through Mizoram without the required permissions and provided arms and drone-warfare training to ethnic armed groups fighting Myanmar's military junta.

Mizoram is a protected area, and foreign nationals require a Protected Area Permit (PAP) to enter the state.

The agency has also alleged that the group transported a substantial consignment of drones from Europe to Myanmar through India.

Last week, the NIA told the special court that the group was allegedly linked to a drone attack on a civilian aircraft in Myanmar. The specific incident referred to by the agency was not identified in the report.

Local reports from Myanmar in February had said a passenger aircraft was struck by a suicide drone while preparing to depart for Mandalay.

Probe Into Alleged Terror Links Continues

The NIA is also examining the alleged links between VanDyke's group and terror masterminds based in Myanmar.

The agency's latest clarification indicates that the absence of UAPA provisions from the current chargesheet does not mean the terror-related investigation has been concluded.

With further investigation and supplementary chargesheets legally possible, the case against VanDyke and the six Ukrainian nationals remains open.

ABOUT THE AUTHOR

Susmita Modak

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Always love to raise the unraised matter. In a world of worries, I am always ready to come over my comfort zone and taking the step ahead of spreading awareness.

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