No UAPA charges in NIA’s first charge sheet against Ukrainians, U.S. national accused of training armed groups in Myanmar

According to the NIA, the accused entered India on tourist visas and travelled to the northeastern region without obtaining the mandatory permits. File | Photo Credit: PTI The National Investigation Agency (NIA) has not invoked the Unlawful Activities (Prevention) Act (UAPA) against six Ukrainian citizens and one U.S. citizen, who were arrested in March for allegedly training anti-India armed groups in Myanmar, in its first charge sheet submitted in a special court on Tuesday.Instead, the accused were only charged with violations of immigration law, though the agency told the court that a supplementary chargesheet may be filed later if needed.The development came weeks after U.S. Ambassador to India Sergio Gor raised the arrest of the U.S. national Matthew Aaron Van Dyke with Foreign Secretary Vikram Misri during U.S. Secretary of State Marco Rubio’s visit to Delhi in May.Mr. Van Dyke was arrested by the NIA on March 13, at Kolkata airport. Six Ukrainians — Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor — were also arrested in connection with the case, at airports in Delhi and Lucknow.‘Cross-border conspiracy’According to the Central agency, the accused entered India on tourist visas and travelled to the northeastern region without obtaining the mandatory permits. It was alleged that they subsequently crossed illegally from Mizoram into Myanmar, where they were involved in training ethnic armed organisations.The NIA had initially invoked provisions of the UAPA, including those relating to conspiracy, as part of its investigation into the alleged cross-border network.During earlier hearings, the agency told the court that the accused had made significant disclosures about the alleged conspiracy while in custody. The NIA also claimed that they were involved in assembling equipment and had targeted a passenger aircraft in Myanmar.Only immigration violationsHowever, in its first chargesheet, the agency has not invoked the stringent UAPA provisions, and only invoked Sections 21 and 23 of the Immigration and Foreigners Act, 2025. Both offences are compoundable at the level of the Foreigners Regional Registration Office.Appearing for the agency, Special Public Prosecutor Rahul Tyagi informed the court that the agency had not invoked UAPA sections in this chargesheet, but noted that the investigation is still going on. The agency may file a supplementary chargesheet if an offence under the Act is made out, he added.Six months behind barsAdvocates Rohit Dandriyal and Rohit Gour, who represented Mr. Van Dyke, told The Hindu that their client had spent more than 180 days in custody before the agency filed the chargesheet without invoking the UAPA.“On 4 June 2026, when the initial period of 90 days was approaching its end, the NIA sought and obtained an extension of 90 days for completion of the investigation, taking the total period to 180 days. On 8 September 2026, at the end of the extended 180-day period, the NIA has filed a charge-sheet against my client under Sections 21 and 23 of the Foreigners Act, rather than under the serious UAPA allegation with which he was initially arrested,” the advocates said.Questioning the development, counsel for the U.S. national asked what evidence had ultimately emerged after nearly 180 days of investigation to substantiate the original allegations.“The State has every right to investigate, but investigation cannot become a substitute for evidence, and incarceration cannot become a punishment before guilt is established. Keeping a person behind bars for 180 days on allegations which, after such an extended investigation, do not culminate in the same serious offences initially alleged raises a serious question concerning personal liberty and the protection guaranteed under Article 21 of the Constitution,” the counsel added. Published - September 08, 2026 05:56 pm IST