The NIA said its probe into the alleged terror links involving American mercenary Matthew Aaron VanDyke and six Ukrainian nationals is still ongoing, amid criticism over the agency’s decision not to include UAPA provisions in its chargesheet. VanDyke, who is known for his involvement in conflicts across the world, and the six Ukrainians were arrested in March for allegedly training anti-India ethnic armed groups in Myanmar.
The controversy intensified on Tuesday after the NIA charged the accused under the Immigration and Foreigners Act, which regulates the entry and movement of foreign nationals in India, instead of invoking the anti-terror law. Notably, the agency had initially booked VanDyke and the others under Section 18 of the UAPA, which deals with conspiracy to carry out terrorist acts.
However, the UAPA charges were absent from the chargesheet submitted before a special Delhi court on Tuesday. The move drew sharp criticism, with the Congress alleging that the government had come under "pressure" from the US and was going soft on VanDyke.
NIA CLARIFIES CHARGESHEET CONTROVERSY
Amid the row, NIA sources clarified that the investigation into the alleged terror links had not been closed. The chargesheet itself stated that the probe into the terror angle was still underway.
The agency also said that supplementary chargesheets could be submitted as the investigation progresses.
The 180-day custody period for VanDyke and the other accused was set to end on September 8, making it necessary for the agency to file a chargesheet.
According to the NIA, the chargesheet contained provisions of the Foreigners Act because violations under the law had been established during the investigation. The agency emphasised that the broader probe into the alleged terror conspiracy was continuing.
"Further investigation and supplementary chargesheets remain legally possible," NIA sources said.
VanDyke's arrest has attracted considerable attention, particularly because he is believed to have links to what has been described as America's deep state. Several US officials have raised concerns over his continued detention. Last month, his family also sought the Donald Trump administration's intervention.
The NIA said representations from US officials were part of routine consular procedures and would have no bearing on the direction or outcome of its investigation.
WHO IS VANDYKE AND WHY WAS HE ARRESTED?
VanDyke, who has previously been involved in armed conflicts in Libya and Syria, was detained at Kolkata airport on March 13. The six Ukrainian nationals were arrested at airports in Delhi and Lucknow.
The NIA has alleged that the group illegally entered Myanmar through Mizoram, a protected area, to train ethnic armed groups (EAGs) engaged in fighting Myanmar's military junta. Several such groups have been involved in an armed rebellion against the junta since the 2021 military coup.
