No UAPA charges against seven foreigners held for terror conspiracy

The NIA on Tuesday, 8 September, filed a chargesheet against seven foreign nationals—including US national Matthew Aaron Van Dyke—for illegal entry, stay and movement, but did not invoke the anti-terror law UA(P)A even though all were arrested in a terror conspiracy case for alleged links to ethnic armed groups in India.

The National Investigation Agency chargesheet, filed before special judge Prashant Sharma, accused the seven of offences under Sections 21 and 23 of the Immigration and Foreigners Act and said "more time is required to ascertain and verify the true and complete facts about the commission of offences under Unlawful Activities (Prevention) Act".

Dyke was arrested by the NIA from Kolkata airport, while Ukrainian citizens Petro Hurba, Taras Slyviak and Ivan Sukmanovskyi were arrested from Lucknow airport on 13 March.

Three other Ukrainians—Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi—were arrested from Delhi airport the same day.

It was alleged that the group was operating as mercenaries.

The NIA had earlier registered the case against them under Section 18 (punishment for conspiracy) of the UA(P)A along with sections of the Bharatiya Nyaya Sanhita (BNS).

The chargesheet said, "…more time is required to ascertain and verify the true and complete facts about the commission of offences under UA(P)A in view of import and recovery of huge quantity of drones and accessories through India and seizure of huge number of digital devices whose scrutiny is underway…"

According to the chargesheet, the NIA arrested the accused persons to probe their larger conspiracy and to establish their involvement with the Indian insurgent groups active in northeastern states.

“During investigation, it has been revealed that accused 1 (Dyke) along with other Ukrainian Nationals had planned their movement in India and Myanmar in such a way that it does not seem suspicious to anybody,” the final report said.

It said that the agency’s probe conclusively established that the accused had entered India with valid travel documents, but they did not take any mandatory Protected Area Permit (PAP) to visit Mizoram during the end of December 2005.

Mizoram is a notified ‘Protected Area’ as per the Third Schedule of The Immigration and Foreigners Order of 2025, which consolidates India's legal immigration framework under the overarching Immigration and Foreigners Act, 2025.

The chargesheet said they were liable for prosecution under Section 23 of the Immigration and Foreigners Act, punishable with imprisonment up to 3 years or with a fine up to Rs 3 lakh or both and Section 21 of the Act, punishable with imprisonment of up to 5 years or with a fine up to Rs 5 lakh or both.

The court has posted the matter for further proceedings on 1 October.

(With agency inputs)