NIA clarifies UAPA probe against Matthew VanDyke on, terror not dropped

Sources clarified that the NIA has not dropped terror charges against US citizen Matthew VanDyke. The current chargesheet under the Foreigners Act was filed to prevent statutory bail, while the investigation under UAPA continues, sources said.

Terror Probe Ongoing, UAPA Charges Not Dropped: NIA Sources

With questions being raised after the National Investigating agency (NIA) did not invoke the UAPA sections in its latest chargesheet against American National Matthew VanDyke, sources clarified that the chargesheet does not signifying complete dropping of terror charges as the investigation in this regard is ongoing.

Earlier on Tuesday, the NIA filed a chargesheet before the Rouse Avenue court against six Ukrainian nationals and US citizen VanDyke in a case registered by the agency in March 2026. The case was initially registered under the UAPA. However, the UAPA provision has not been invoked in this chargesheet filed by the agency.

The NIA's Special Public Prosecutor (SPP) said that the investigation in this regard is still ongoing and the agency may file a supplementary chargesheet if an offence under the UAPA is made out. The NIA has invoked Sections 21 and 23 of the Foreigners Act in the chargesheet.

Matthew Aaron Van Dyke and six Ukrainian nationals were arrested in March 2026 in a case originally registered under Section 18 of the UAPA, along with other offences, over allegations concerning illegal entry into Myanmar and drone-warfare training of ethnic armed groups.

Sources have told ANI that, NIA has not dropped the terror investigation against any of the seven accused. Investigation into offences under the UAPA is continuing against all of them.

Legal Rationale Behind Current Chargesheet

Sources said that the NIA has filed a chargesheet under the Immigration and Foreigners Act (IFA) because those offences have already been fully established during the investigation till now.

Under the UAPA framework, the investigating agency can have up to 180 days to complete investigation while an accused remains in custody, subject to the statutory process. If the requisite chargesheet is not filed within the applicable period, the accused can seek statutory bail.

In the case of VanDyke, the statutory period of 180 days of judicial custody was getting over on September 8. Sources say, by this stage, the offences under the Immigration and Foreigners Act had already been fully established. The NIA therefore filed a chargesheet for those offences rather than allow the statutory period to expire.

Sources clarified that this should not be confused with closure of the larger investigation. Importantly, the chargesheet itself records that investigation under the UAPA continues.

The law also permits further investigation after the filing of a chargesheet and the filing of a supplementary chargesheet where additional evidence establishes further offences. Therefore, sources say, the fact that UAPA provisions are not part of the present IFA chargesheet does not mean that the UAPA investigation has been withdrawn, abandoned or closed.

US Diplomatic Involvement and Family's Plea

Sources also clarified that US Diplomats raising the case of one of its detained citizens is also entirely normal diplomatic practice. India's own MEA states that whenever an Indian is arrested overseas, Indian missions approach the local foreign office and authorities for consular access, legal assistance, fair treatment and even speedy trial/remission where appropriate. Consular access to detained nationals is also specifically recognised under the Vienna Convention.

On September 2, an X account puroportedly 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

According the sources, Immigration and Foreigners Act offences against VanDyke and others have been recorded in the chargesheet while UAPA investigation continues and have not been closed.

Congress Questions NIA's Move

Earlier, Congress MP and senior Supreme Court advocate Abhishek Manu Singhvi on Wednesday questioned the dropping of provisions of the Unlawful Activities (Prevention) Act (UAPA)by the NIA in its current 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. If an individual was arrested on allegations involving illegal entry, links with armed groups and drone warfare training, how did those serious allegations suddenly disappear?" Singhvi said. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)