Seven foreign nationals, comprising six Ukrainians and one United States citizen, were remanded to 30 days of judicial custody by a special National Investigation Agency (NIA) court in Delhi on Monday. The individuals are facing charges under India's stringent Unlawful Activities (Prevention) Act (UAPA) in a terror-related investigation, with their custody set to last until May 6.
Key points
- Seven foreign nationals, including six Ukrainians and one US citizen, have been sent to judicial custody until May 6 by a Delhi court.
- They are accused in a terror case under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Bharatiya Nyaya Sanhita (BNS).
- The NIA alleges links to ethnic armed groups in Myanmar and providing support, including weapons and training, to proscribed Indian insurgent groups.
- The US citizen, Matthew Aaron Van Dyke, has sought permission for a virtual family meeting and a legal consultation, with hearings scheduled for April 8.
- Investigators are probing the accused's travel to India and Myanmar, their objectives, potential drone usage for training, and any direct or indirect links to Indian rebel groups.
- The arrests took place in Delhi, Lucknow, and Kolkata, indicating a multi-state operation.
What we know so far
On Monday, a special NIA court in Delhi ordered the judicial custody of seven foreign nationals involved in a terror case. The group includes six individuals from Ukraine and one US citizen, identified as Matthew Aaron Van Dyke. The Ukrainian nationals have been named as Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor. This decision, issued by Special Judge (NIA) Prashant Sharma, followed a 10-day period of NIA custody for the accused. The court proceedings were conducted in a closed courtroom at Patiala House.
The investigation centers on allegations that the accused are connected with ethnic armed groups operating in Myanmar. The NIA claims these individuals were actively supporting certain Indian insurgent groups, which are proscribed under Indian law, by allegedly supplying them with weapons, terrorist hardware, and providing training. The case has been registered under Section 18 (terror conspiracy) of the UAPA, a key anti-terror legislation, and also includes provisions from the recently enacted Bharatiya Nyaya Sanhita (BNS).
During an earlier remand hearing, the court noted that the initial First Information Report (FIR) contained sufficient grounds to suggest "illegal acts being done by accused persons against national security and interests of India," confirming the broad applicability of UAPA Section 18.
Matthew Aaron Van Dyke, the US citizen, has submitted an application requesting a virtual meeting with his family members. The court has issued a notice to the NIA regarding this request, scheduling a hearing for April 8. Additionally, lawyers representing Van Dyke, Rohit Dandriyal and Rohit Gour, have sought permission for a legal meeting, with the court awaiting the agency's response on this matter as well.
The NIA's investigation revealed that a total of 14 Ukrainians initially entered India on tourist visas at various times. They reportedly traveled to Guwahati, then to Mizoram, and subsequently crossed illegally into Myanmar without proper documentation. Investigators allege that their purpose in Myanmar was to conduct pre-scheduled training for Myanmar-based ethnic armed groups. This training reportedly focused on drone warfare, drone operation, assembly, and jamming technology, with the alleged target being the Myanmar junta. The agency further claims that the accused entered Mizoram, a protected area, before crossing the border. In Myanmar, they are said to have established contact with ethnic war groups and allegedly brought a significant consignment of drones from Europe via India. The NIA suggests they were both trained in Myanmar and involved in providing training to these ethnic war groups, which are purportedly associated with insurgent outfits within India. The seven individuals currently in custody include three Ukrainians apprehended in Delhi, three in Lucknow, and the US citizen arrested in Kolkata.
Context and background
The Unlawful Activities (Prevention) Act (UAPA) is India's primary anti-terrorism law, designed to address activities that threaten the sovereignty, security, and integrity of the nation. Enacted in 1967, it has been amended multiple times, most recently in 2019, to strengthen its provisions against terrorism, allowing the government to designate individuals as terrorists and expanding the powers of investigating agencies like the NIA. Section 18 of the UAPA, under which this case is lodged, specifically deals with punishment for conspiracy to commit a terrorist act. The law grants broad powers to law enforcement, including extended periods of custody for investigation, reflecting the gravity with which the Indian state views threats to national security.
This case also cites provisions of the Bharatiya Nyaya Sanhita (BNS), which is part of a set of new criminal laws recently enacted in India, replacing the colonial-era Indian Penal Code. The BNS aims to modernize and streamline India's criminal justice system, and its inclusion in this case signifies its immediate application to serious offenses.
The allegations in this case point to a complex web of cross-border activities involving foreign nationals and their purported links to armed groups in Myanmar and India. Myanmar has been in a state of civil unrest since the military coup in February 2021, leading to widespread resistance from various ethnic armed organizations (EAOs) and newly formed People's Defense Forces (PDFs) against the ruling military junta. The border regions between India and Myanmar, particularly states like Mizoram, are known for their challenging terrain and historical connections between communities, which can sometimes be exploited for illicit cross-border movements and activities.
The alleged involvement of foreign nationals in supplying weapons, training in drone technology, and providing support to insurgent groups, both in Myanmar and potentially in India, raises significant national security concerns for India. Drone technology, in particular, has become a critical tool in modern warfare and insurgency, capable of surveillance, reconnaissance, and delivering payloads, making its alleged proliferation to non-state actors a serious threat. The NIA's investigation into "why" the accused came to India, their travel to Myanmar, and their objectives with drones underscores the multifaceted nature of the alleged conspiracy, touching upon international security dynamics and India's internal security challenges. The sensitivity of the case, as noted by the judge, highlights the potential implications for diplomatic relations and regional stability.
What happens next
With the seven foreign nationals now in judicial custody until May 6, the immediate focus shifts to the ongoing legal and investigative processes. The National Investigation Agency will continue its probe into the various unanswered questions highlighted by the court, including the precise motives behind the accused's travel to India and Myanmar, the full scope of their alleged activities, and any direct or indirect connections they might have with Indian insurgent groups. The use of drones for training and the infrastructure utilized during their alleged operations are also key areas of continued investigation.
For Matthew Aaron Van Dyke, the US citizen, two specific applications are pending before the court. His request for a virtual meeting with his family members is scheduled for a hearing on April 8, where the NIA's response will be considered. Similarly, his lawyers' plea for permission for a legal meeting requires the agency's input before a decision can be made. These hearings will determine the extent of his access to family and legal counsel during his judicial custody. The broader investigation is expected to delve deeper into the alleged international network, potentially leading to further arrests or charges as more facts emerge. The sensitivity of the case suggests a thorough and potentially lengthy investigative process, given the cross-border implications and the nature of the charges under UAPA.
FAQ
- Q: Who are the individuals remanded to judicial custody?
A: Seven foreign nationals, comprising six Ukrainians (Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, Kaminskyi Viktor) and one US citizen (Matthew Aaron Van Dyke), have been remanded. - Q: What are the primary charges against them?
A: They are facing charges under Section 18 (terror conspiracy) of India's Unlawful Activities (Prevention) Act (UAPA) and provisions of the Bharatiya Nyaya Sanhita (BNS), relating to alleged terror activities. - Q: What are the main allegations made by the NIA?
A: The NIA alleges that the accused are linked with ethnic armed groups in Myanmar and were supporting proscribed Indian insurgent groups by supplying weapons, terrorist hardware, and providing training, including in drone warfare. - Q: Where were the arrests made?
A: The seven arrested include three Ukrainians detained in Delhi, three in Lucknow, and the US citizen arrested from Kolkata. - Q: What is the significance of the UAPA in this case?
A: The UAPA is India's stringent anti-terrorism law, allowing for extended custody and investigation powers, reflecting the serious nature of the alleged threats to national security and India's sovereignty.
