NIA: UAPA Probe Against Matthew VanDyke, Six Ukrainians Still On
Agency Files Chargesheet Under Immigration Law, Says Terror Investigation Continues
With questions being raised over the National Investigation Agency (NIA) not invoking provisions of the Unlawful Activities (Prevention) Act (UAPA) in its latest chargesheet against US national Matthew VanDyke, sources on Wednesday clarified that the terror investigation against him and six Ukrainian nationals is still continuing.
The NIA on Tuesday filed a chargesheet before the Rouse Avenue court against VanDyke and the six Ukrainian nationals in a case registered by the agency in March 2026. The case was initially registered under Section 18 of the UAPA, along with other offences.
However, the latest chargesheet invokes Sections 21 and 23 of the Foreigners Act, and does not include UAPA provisions.
The NIA's Special Public Prosecutor told the court that the investigation into offences under the UAPA is still ongoing and that the agency may file a supplementary chargesheet if a UAPA offence is made out.
Sources said the omission of UAPA provisions from the current chargesheet should not be interpreted as the dropping or closure of the terror investigation against any of the seven accused.
According to sources, the NIA filed the chargesheet under the Immigration and Foreigners Act (IFA) because offences under that law had already been established during the investigation. The statutory period of 180 days of judicial custody in VanDyke's case was due to expire on September 8.
Under the UAPA framework, an investigating agency can seek up to 180 days to complete its investigation while an accused remains in custody, subject to the statutory process. If the requisite chargesheet is not filed within the applicable period, an accused can seek statutory bail.
Sources said the NIA therefore filed the chargesheet for the offences already established under the Immigration and Foreigners Act rather than allow the statutory period to expire. They stressed that this does not amount to closure of the larger investigation.
The chargesheet itself records that the UAPA investigation is continuing. The law also permits further investigation after the filing of a chargesheet and allows an agency to file a supplementary chargesheet if additional evidence establishes further offences.
VanDyke and the six Ukrainian nationals were arrested in March in connection with allegations involving illegal entry into Myanmar and drone-warfare training of ethnic armed groups.
Sources said the NIA has not dropped the terror investigation against any of the seven accused and that the probe into possible offences under the UAPA is continuing against all of them.
Meanwhile, sources also said it was normal diplomatic practice for US diplomats to raise the case of a detained American citizen. India's Ministry of External Affairs similarly approaches foreign authorities when an Indian national is arrested overseas for consular access, legal assistance, fair treatment and, where appropriate, speedy trial or remission.
Consular access to detained nationals is also recognised under the Vienna Convention.
On September 2, an X account purportedly operated by VanDyke's family appealed to the US government for his release from Tihar Jail, claiming that he was innocent of the charges and was being denied basic detainee rights.
The development comes amid questions from Congress MP and senior Supreme Court advocate Abhishek Manu Singhvi over the absence of UAPA provisions in the latest chargesheet.
"If reports are true that terror charges against U.S. citizen Matthew Van Dyke have been dropped after high-level U.S.-India meetings, the Modi Government owes India an explanation," Singhvi said, questioning how allegations involving illegal entry, links with armed groups and drone-warfare training could have been dropped.