NIA chargesheets US mercenary Van Dyke, others but drops UAPA
What's the story
The National Investigation Agency (NIA) has filed a chargesheet against seven foreign nationals, including United States citizen and mercenary Matthew Aaron Van Dyke and six Ukrainians, for illegal entry, stay and movement in India. However, the stringent Unlawful Activities (Prevention) Act (UAPA), under which they were initially charged after their arrest, was not invoked in this chargesheet. They were arrested in a terror conspiracy case for alleged links to ethnic armed groups in India.
Charges filed
Chargesheet filed under Immigration and Foreigners Act
The chargesheet was filed before Special Judge Prashant Sharma, and accused the seven of illegally entering, staying, and moving within India under Sections 21 and 23 of the Immigration and Foreigners Act.
The accused had entered India from Myanmar through the Mizoram border before being intercepted at various airports across the country.
They were arrested on March 13.
Ongoing probe
Ongoing investigation into Myanmar links
The NIA is investigating the suspects' activities in Myanmar and their contacts in India.
VanDyke is a security analyst, filmmaker, and foreign fighter who runs an organization called Sons of Liberty. This organization claims to train and advise movements opposing authoritarian regimes.
The NIA last week told the court that VanDyke and his co-accused were involved in a drone attack on a civilian aircraft in Myanmar.
Unlawful actions
Accused entered India on tourist visas
The NIA alleged that the accused entered India on tourist visas and traveled to Guwahati, Assam, before reaching Mizoram without authorization.
From there, they allegedly crossed into Myanmar "illegally to conduct a pre-scheduled training on drone warfare."
The agency also claimed that they had previously conducted similar trainings through Mizoram and illegally imported drones from Europe to Myanmar via India.
Security concerns
Parallel immigration case does not dilute UAPA case
The agency alleged that the accused were training ethnic armed groups "known to support certain proscribed Indian insurgent groups by supplying weapons, terrorist hardware and training them, thus affecting national security and interests of India."
The NIA said it was also looking into the group's alleged links to Myanmar-based terror masterminds.
The special NIA court has listed the matter for October 1.