No Terror Charges in NIA Charge Sheet Against VanDyke Group
Bharatmorning.com – In NIA charge sheet no terror counts were included when the agency formally accused a US citizen and six Ukrainian nationals of immigration violations rather than terrorism offences. The filing, lodged before special judge Prashant Sharma at Rouse Avenue Courts in New Delhi, invokes only Sections 21 and 23 of the Immigration and Foreigners Act — provisions covering unlawful entry and breach of visa conditions. Every count under the Unlawful Activities (Prevention) Act, the statute under which the seven were originally held, has been left out of the document for now.
How the Seven Were Pulled In
Mathew Aaron VanDyke, an American, was seized at Kolkata airport on March 13 under Section 18 of the UAPA, which targets conspiracy, advocacy, abetment, or incitement directed at a terrorist act. That same day his six Ukrainian companions — Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk, and Viktor Kaminskyi — were picked up at Delhi and Lucknow airports. Coordinated arrests across three cities indicated the agency treated the group as a single unit rather than a set of independent travellers.
The charge sheet alleges the seven arrived on valid travel documents in December 2025, then moved to Guwahati and Mizoram without securing the mandatory Protected Area Permit or Restricted Area Permit. From there, NIA claims they slipped across the India-Myanmar border at unauthorised points to reach a site called Victoria Camp, where they were supposedly set to train Myanmar-based Ethnic Armed Groups in drone warfare, drone assembly, operations, and jamming technology. The group is said to have re-entered Indian territory around March 5, 2026.
What the Filing Omits — and Why
Section 21 of the Immigration and Foreigners Act carries a maximum of five years’ imprisonment for illegal entry; Section 23 tops out at three years for visa-condition breaches. Those penalties are real but pale beside the life-imprisonment exposure a UAPA conviction would bring. In the NIA charge sheet no terror allegations were dropped permanently, however. The agency told the court it had completed a substantial share of its UAPA-related work but needed more time to verify facts, having already received a 90-day extension beyond the standard filing window.
“Further investigation is under-going and more time is required in order to ascertain and verify the true and complete facts about the commission of offences under UAPA,” the agency wrote, asking the court to permit continued probing of the alleged conspiracy.
NIA specifically flagged the import and recovery of a large quantity of drones and accessories routed through India, along with the seizure of several digital devices. The agency suggested those items “may indicate their possible involvement in acts affecting/threatening the unity, integrity, security and sovereignty of India” — language typically reserved for UAPA proceedings.
Prosecution and Defence Reactions
Rahul Tyagi, NIA’s special public prosecutor, confirmed the filing to reporters.
“We have filed a charge sheet against seven accused under the Immigration and Foreigners Act. The probe has been kept open in all other aspects, including the UAPA charges,” Tyagi said.
Advocate Rohit Dandriyal, representing VanDyke, framed the situation more sharply.
“NIA did not find any evidence against the accused even after being granted an additional 90 days for investigation, during which time the accused remained incarcerated on fictitious UAPA charges,” Dandriyal stated.
Who Is VanDyke?
According to his own website, VanDyke is based in Baltimore, Maryland, and describes his career as spanning soldier, international businessman, war correspondent, and columnist. He claims veteran status in the 2011 Libyan revolution, says he was held as a prisoner of war there, and identifies himself as founder of SOLI — Sons of Liberty International — a military contracting firm. His stated profile places him in a niche world of private military work and conflict-zone journalism.
Frequently Asked Questions
What charges were actually filed? Only Sections 21 and 23 of the Immigration and Foreigners Act — unlawful entry and visa-condition breach — were included in the charge sheet. No UAPA counts appeared.
Can NIA still pursue terrorism charges? Yes. The agency explicitly told the court the UAPA investigation remains open and requested continued permission to probe the alleged conspiracy, including questions about drones and digital devices seized during the operation.
Where is the case being heard? Before special judge Prashant Sharma at Rouse Avenue Courts, New Delhi.
What is the maximum penalty under the filed sections? Five years’ imprisonment under Section 21 and three years under Section 23 of the Immigration and Foreigners Act.