New Delhi: A special National Investigation Agency court in the capital has remanded one American and six Ukrainian nationals to 11 days of police custody in a case involving alleged illegal entry into India and the training of insurgent groups in Myanmar, holding that the probe is at a nascent stage and requires deeper investigation into what it described as a concealed criminal conspiracy.
The order was passed by Additional Sessions Judge Prashant Sharma, who rejected objections raised by the defence and observed that “criminal conspiracy is hatched in secrecy and not in broad day-light”, while permitting the NIA to continue custodial interrogation to identify the larger network, including the alleged mastermind and sources of funding.
The case arises from an FIR registered under the Unlawful Activities Prevention Act, 1967, including Section 18 relating to conspiracy or attempt to commit a terrorist act. The FIR outlines a transnational operation involving foreign nationals who allegedly entered India on tourist visas, moved into restricted areas without mandatory permits, crossed into Myanmar, and conducted specialised training for ethnic armed groups.
According to the NIA, the group was led by American national Matthew Aaron Van Dyke, 45, described in court proceedings as a mercenary, and included Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor. Investigators allege that a larger group of 14 Ukrainian nationals had initially entered India and travelled to Guwahati before proceeding to Mizoram without obtaining the required Restricted Area Permit or Protected Area Permit.
Matthew VanDyke, born 11 June 1979, is known internationally as a security analyst, foreign fighter, media personality and documentary filmmaker, and is the founder of the non-profit Sons of Liberty International.
The agency claims the accused subsequently crossed the international border into Myanmar illegally and conducted pre-scheduled training sessions for ethnic armed groups, focusing on modern combat techniques including drone warfare, drone assembly and jamming technology, as well as logistical support systems. The FIR further alleges that the group was involved in the illegal import of heavy drone consignments from Europe into Myanmar using Indian territory as a transit route.
Investigators noted that while the presence of foreign mercenaries, including Americans, in conflict theatres in the Myanmar region has been reported in security circles, this is the first instance where such an individual has been apprehended within India in connection with alleged activities linked to insurgent training and logistics networks.
The NIA has argued that these ethnic armed groups maintain links with proscribed Indian insurgent organisations and provide them with weapons, training and logistical support, thereby posing a direct threat to India’s national security. The court, while considering the case diary and submissions, noted that such activities “definitely affect national security and interests of India”.
During preliminary interrogation, the agency claimed to have found indications that the accused were in contact with unidentified armed individuals carrying AK-47 rifles and were acting in coordination with unknown terrorist elements. Investigators have told the court that further custodial interrogation is necessary to establish the full extent of the conspiracy and trace financial channels behind the operation.
The arrests were carried out on 13 March , in a coordinated operation involving the NIA and the Bureau of Immigration, based on intelligence inputs regarding the group’s movements and suspected activities. The agency was represented in court by Special Public Prosecutor Rahul Tyagi.
The accused were intercepted at multiple airports across India while allegedly attempting to leave the country. Matthew Aaron Van Dyke was detained at Kolkata airport, while Hurba Petro, Slyviak Taras and Ivan Sukmanovskyi were apprehended at Lucknow airport. The remaining three Ukrainian nationals, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor, were arrested at Indira Gandhi International Airport in New Delhi. Following their detention, all seven were brought to Delhi and produced before a magistrate on 14 March , when they were initially remanded to three days of NIA custody.
The prosecution told the court that the suspects had originally entered India legally but came under scrutiny after travelling to Mizoram without requisite permits and allegedly crossing into Myanmar. Based on this movement pattern and intelligence inputs on their suspected role in providing drone warfare training and facilitating hardware transfers, multiple NIA teams were deployed to intercept them at exit points.
The defence, led by Senior Advocate Pramod Kumar Dubey, challenged the legality of the arrests, arguing that the accused were not informed of their rights under Article 36 of the Vienna Convention, which guarantees foreign nationals the right to contact their consulates upon detention. It was further contended that the arrests were void ab initio and violated Article 21 of the Constitution.
The NIA countered by informing the court that the Ministry of External Affairs had been notified via email shortly after the arrests and that the Ukrainian Embassy had already appointed legal counsel for its nationals. The court accepted these submissions and declined to find procedural illegality at this stage.
In its order, the court also directed that the mobile phones seized from the accused be sent to CERT-In for forensic data extraction, with a view to identifying communication trails, operational links and financial transactions connected to the alleged conspiracy.
The accused are to be produced before the court again on 27 March. During the period of custody, the court has directed that they undergo medical examination every 48 hours and be allowed 20-minute virtual meetings with their lawyers or family members on alternate days.
