The National Investigation Agency (NIA) has not invoked sections of the Unlawful Activities (Prevention) Act (UAPA) against an American citizen and six Ukrainian nationals arrested on charges of training anti-India ethnic armed groups in Myanmar.
VanDyke was arrested in Kolkata. Three of the Ukrainian nationals were picked up from Lucknow, and another three from Delhi.
The development comes after the family of the US citizen Matthew VanDyke called for the United States government’s diplomatic intervention over his detention, ahead of his scheduled interrogation on September 2 and 3.
The anti-terror agency filed the chargesheet in Delhi’s Special NIA Court on Tuesday. VanDyke’s family and lawyers raised concerns about his health and the conditions of his custody. His family claimed he has suffered an injured leg, deteriorating eyesight and a loss of strength, and alleged that he has at times been denied access to prescribed medication and communication with relatives in the US.
In the document, the agency has pressed charges solely under Sections 21 and 23 of the Immigration and Foreigners Act, provisions that pertain to offences which can be addressed at the level of the Foreigners Regional Registration Office (FRRO). The NIA arrested the seven foreign nationals on March 13 and charged them under UAPA in the FIR. On March 16, a court granted the NIA 11 days of custody of the accused.
The absence of UAPA charges in the chargesheet does not mean the NIA has closed the investigation under the Act. NIA Special Public Prosecutor Rahul Tyagi informed the court that the probe into UAPA-related offences is still under way. Should further investigation uncover evidence establishing offences under the UAPA, the agency may file a supplementary charge sheet at a later stage.
