NIA Files Charges Against Seven Foreign Nationals, Defers UAPA Invocation

The National Investigation Agency (NIA) has submitted its first charge sheet against seven foreign nationals—one U.S. citizen and six Ukrainians—arrested in March for their alleged involvement in training ethnic armed groups in Myanmar. While the agency had initially registered the case under the stringent Unlawful Activities (Prevention) Act (UAPA), the current charge sheet filed before a special NIA court in Delhi focuses exclusively on violations of the Immigration and Foreigners Act, 2025. The accused, including American national Matthew Aaron VanDyke, remain in judicial custody as the investigation into potential terror-related offences continues.

The decision to omit UAPA charges at this stage follows months of detention and scrutiny regarding the group's activities in India's northeastern border regions. NIA Special Public Prosecutor Rahul Tyagi informed the court that the investigation into broader conspiracy charges remains active, and the agency reserves the right to file a supplementary charge sheet should further forensic analysis of seized digital devices and equipment yield sufficient evidence to substantiate terror-related allegations.

The NIA’s charge sheet, submitted to Special Judge Prashant Sharma, invokes Sections 21 and 23 of the Immigration and Foreigners Act, 2025. These provisions address illegal entry, unauthorized stay, and movement within restricted areas. According to the agency’s findings, the seven individuals entered India on valid tourist visas in December 2025 but failed to obtain the mandatory Protected Area Permits (PAP) required for travel into Mizoram. The NIA alleges that the group subsequently crossed the border into Myanmar illegally to reach the "Victoria Camp," where they provided pre-scheduled training to Ethnic Armed Groups (EAGs) in drone warfare, assembly, and jamming technology.

Legal counsel for the accused have challenged the NIA's handling of the case. Advocate Rohit Dandriyal, representing VanDyke, criticized the agency for the extended period of judicial custody, noting that after six months of investigation, the NIA has yet to find evidence to support the initial terror conspiracy charges. Similarly, advocate Nitin Saluja, representing the Ukrainian nationals, argued that the omission of UAPA provisions in the current charge sheet validates his clients' claims of innocence regarding the more serious allegations of mercenary activity and terror conspiracy.

Despite the absence of UAPA charges in the current filing, the NIA has maintained that the investigation into a larger conspiracy is far from complete. The agency informed the court that it requires additional time to verify facts related to the potential commission of offences under the UAPA, citing the complexity of the evidence seized. This includes a significant quantity of drone equipment and accessories imported through India, as well as a large volume of digital devices currently undergoing forensic examination by CERT-IN, the national nodal agency for cybersecurity.

The NIA’s report to the court suggests that the group’s movements were meticulously planned to avoid suspicion. Investigators allege that the accused travelled to Guwahati on different dates and stayed in various hotels before infiltrating Myanmar. The agency is now focused on establishing whether the group’s activities—specifically their interaction with EAGs—directly threatened India’s unity, integrity, security, or sovereignty. The court has scheduled the next hearing for October 1 to review the progress of this ongoing probe.

The case has drawn international attention, particularly regarding the detention of Matthew VanDyke, who describes himself as a security analyst, war correspondent, and documentary filmmaker. VanDyke previously gained international notice during the 2011 Libyan Civil War and later founded Sons of Liberty International (SOLI), an organization that provides military training and strategic advice to armed groups in conflict zones. His family has publicly advocated for his release, citing concerns over his health, including an injured leg and deteriorating eyesight, and has urged the U.S. government to intervene diplomatically.

Reports indicate that the case has been a subject of high-level diplomatic discussions. U.S. Ambassador to India Sergio Gor reportedly raised the matter with Foreign Secretary Vikram Misri and U.S. Secretary of State Marco Rubio during a visit in May. The family’s public statements, released via social media, have characterized the detention as a "humanitarian emergency," while the NIA continues to process the evidence gathered from the accused during their initial period of custody, which included "important disclosures" regarding their alleged contacts with armed groups.

The current legal status of the seven foreign nationals remains tied to the immigration charges, which are compoundable at the level of the Foreigners Regional Registration Office (FRRO). However, the NIA’s explicit reservation of the right to file a supplementary charge sheet keeps the possibility of UAPA charges alive. The court’s decision to post the matter for October 1 serves as a procedural checkpoint for the agency to update the bench on the status of the forensic analysis and the broader conspiracy investigation.

For the accused, the next hearing will be critical in determining whether they remain in judicial custody or if the court grants relief based on the current chargesheet’s limited scope. The NIA’s strategy of filing a primary charge sheet focused on immigration violations while keeping the terror-conspiracy investigation open reflects a cautious approach to a case involving complex international movements and allegations of mercenary-style training. The outcome of the October proceedings will likely clarify whether the agency can bridge the gap between the documented immigration violations and the initial allegations of national security threats.