Full Breakdown
NIA Files Charge Sheet Without UAPA Against U.S. Mercenary and Six Ukrainians
9/9/2026, 7:21:19 PM
Core Event
On 8 September 2026, India’s National Investigation Agency (NIA) submitted a charge sheet in a special court that charged American citizen Matthew Aaron Van Dyke and six Ukrainian nationals—Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk, and Viktor Kaminskyi—under Sections 21 and 23 of the Immigration and Foreigners Act, 2025. The agency did not invoke the Unlawful Activities (Prevention) Act (UAPA), despite having initially arrested the group on UAPA provisions in March 2026.
Background & Context
The seven individuals were detained during a coordinated operation in March 2026. Van Dyke was arrested at Kolkata airport on 13 March 2026, while the Ukrainians were seized at airports in Delhi and Lucknow. The NIA alleged they entered India on tourist visas, travelled to the protected northeastern state of Mizoram without permits, and crossed illegally into Myanmar, where they purportedly trained ethnic armed groups opposed to India. Earlier hearings indicated the agency had considered UAPA sections related to “cross-border conspiracy” and alleged plans to target a passenger aircraft in Myanmar.
Data & Statistics
- Arrests: 1 U.S. citizen, 6 Ukrainian nationals.
- Custody duration: Van Dyke spent more than 180 days in detention before the charge sheet was filed. The NIA sought a 90-day extension on 4 June 2026, extending the investigation to a total of 180 days.
- Legal provisions: Charged under Sections 21 (illegal entry) and 23 (illegal stay) of the Immigration and Foreigners Act, both compoundable offences. No UAPA sections were applied in the initial filing, though the agency reserved the right to file a supplementary charge sheet if evidence later supports it.
Official Statements & Responses
Special Public Prosecutor Rahul Tyagi told the court that the NIA had not invoked UAPA in the present charge sheet but that the investigation remained ongoing, leaving open the possibility of a supplementary filing.
Criticism & Opposition
Counsel representing Van Dyke argued that the prolonged detention raised serious concerns about personal liberty protected under Article 21 of the Constitution. This criticism highlights tension between national security investigations and constitutional safeguards.
