'NIA Found He is Not Accused Under UAPA': Advocate Rohit Dandriyal, Counsel for US National Matthew Vandyke

New Delhi: In a major development following the National Investigation Agency (NIA) not invoking provisions of the Unlawful Activities (Prevention) Act (UAPA) in its chargesheet against US national Matthew Aaron VanDyke and six Ukrainian nationals, initial terror charges under the stringent legislation have been dropped following a 180-day investigation.

Speaking to ANI regarding the development, Advocate Rohit Dandriyal, counsel for the US national, stated, "First of all, I would like to tell you this thing that first NIA booked Matthew. They are alleging this thing that Matthew Aron Van Dyke, our client, is booked under UAPA Act. But now, after 180 days, NIA found this thing that he is not accused under UAPA Act. He is accused under Foreigners Act Section 21 and 23 only. So, this raises a finger on NIA working style, that how they are working."

The case was initially registered by the agency in March 2026 under Section 18 of the UAPA relating to terror conspiracy, alongside relevant provisions of the Bharatiya Nyaya Sanhita (BNS).

The investigation stems from allegations that the seven accused, comprising Van Dyke alongside Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor, were involved in supporting and training ethnic armed groups in Myanmar deemed inimical to India's national security.

Van Dyke, a self-described combat specialist and founder of the security firm Sons of Liberty International (SOLI), was originally arrested at Netaji Subhas Chandra Bose International Airport on March 13 around 9:00 PM during a coordinated crackdown, subsequently being remanded to 11 days of NIA custody on March 17 and remaining incarcerated for roughly 180 days.

However, when the matter came before Special NIA Judge Prashant Sharma, the formal chargesheet omitted the UAPA provisions entirely, invoking instead Sections 21 and 23 of the Foreigners Act, which are compoundable offences at the level of the Foreigners Regional Registration Office (FRRO).

Elaborating on the legal implications of the charge sheet, Advocate Dandriyal explained, "What is the meaning behind these sections? So, these sections says if some foreigner stay extra days in India or visit some restricted place, so he is liable to pay some fine and some like punishment is there. But that is compoundable. That is a petty offence."

Addressing the procedural journey and the extended detention period, the counsel criticised the agency's approach, noting, "It is absolutely true that the way they work raises a question. How do you arrest any person in NIA? And after arresting him, you keep him in jail for 180 days. And after keeping him in jail for 180 days, they say that we are not filing a charge sheet in NIA. We are not filing a charge sheet in UAPA. But it requires the Foreigner's Act. So, will NIA deal with the Foreigner's Act today."

According to the counsel, with the severe terror-related allegations removed from the charges, the path towards securing release has cleared significantly.

Confirming the next legal steps, Dandriyal noted, "Yes, yes, yes. It's clear. We have to file. We have to done some formalities before appropriate authority and we will do it within 2-3 days."

Meanwhile, the NIA's Special Public Prosecutor maintained that the investigation in this regard is still ongoing, noting that the agency may file a supplementary chargesheet if an offence under the UAPA is ultimately made out. Special NIA Judge Prashant Sharma has listed the matter for formal consideration on October 1.

Earlier on September 2, an X account purportedly operated by the family of Matthew VanDyke had petitioned the US Government for his release from Tihar jail, claiming that he was innocent of charges.

"The family of @Matt_VanDyke seeks urgent U.S. diplomatic intervention as he is presently still denied basic detainee rights, and is being kept in solitary confinement at Tihar Jail 8/9 in Delhi, India. Matthew is innocent of all charges against him. Throughout his career, he has documented human suffering and provided humanitarian assistance to people affected by conflict and crisis," the family said.

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