NIA drops terror charges against US mercenary.

Immigration violations replace UAPA allegations in high-profile case.

In a surprising development, the National Investigation Agency (NIA) has refrained from pressing terror-related charges against American mercenary Matthew Aaron VanDyke and six Ukrainian nationals arrested earlier this year. Initially detained under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly training anti-India ethnic armed groups in Myanmar, the accused now face prosecution under the Immigration and Foreigners Act.

According to the chargesheet filed seven months after their arrest, VanDyke and his associates entered India legally on valid visas before traveling to Mizoram, a restricted area. From there, they crossed into Myanmar, where they reportedly established contact with ethnic armed groups (EAGs) engaged in armed resistance against the military junta since the 2021 coup. The NIA claims these groups maintain links with insurgent outfits operating in India.

VanDyke, detained at Kolkata airport on March 13, is considered the case’s central figure. Known for his involvement in conflict zones such as Libya and Syria, he founded Sons of Liberty International (SOLI), a non-profit security organization that trains groups opposing authoritarian regimes. The Ukrainians were apprehended at airports in Delhi and Lucknow during coordinated operations.

The chargesheet further alleges that the group smuggled drones from Europe into Myanmar via India. The NIA has linked them to a drone strike on a civilian aircraft in Myanmar earlier this year. However, it remains unclear if this refers to the reported suicide drone attack on a passenger plane bound for Mandalay. Investigators are also probing their suspected connections with Myanmar-based terror masterminds.

Despite the serious allegations, the Ministry of External Affairs declined to comment on why it dropped the terror charges, calling it a “legal matter.” The case has raised questions about the strategic and diplomatic implications of prosecuting foreign nationals under immigration laws rather than anti-terror legislation.

The Delhi court has scheduled the next hearing for October 1, where the NIA is expected to present further evidence. For now, the decision to sidestep UAPA charges marks a significant shift in the handling of one of India’s most high-profile cases involving foreign mercenaries.