New Delhi: The National Investigation Agency (NIA) has invoked provisions of the Immigration and Foreigners Act, 2025 against seven foreign nationals arrested in March in connection with an alleged conspiracy to carry out terrorist activities in India. However, the agency has not invoked the Unlawful Activities (Prevention) Act (UAPA) in its chargesheet filed before a special NIA court in Delhi.
The accused include one US national, Matthew Van Dyke, and six Ukrainian citizens. The NIA alleges that they were linked to ethnic armed groups operating in the region and had entered Myanmar illegally through Mizoram for a pre-scheduled training programme involving drone warfare, drone operations, assembly and jamming technology.
The agency has charged the accused under Sections 3 and 7 of the Immigration and Foreigners Act, 2025, which deal with mandatory travel documentation for entry into India. The NIA has also alleged that the accused entered Mizoram without obtaining the mandatory Protected Area Permit (PAP).
The agency told the court that its investigation into alleged offences under the UAPA remains pending. Special Public Prosecutor Rahul Tyagi said a substantial part of the investigation had been completed but additional time was required to establish the complete facts, particularly in view of the alleged import and recovery of large quantities of drones and related equipment through India. The NIA may file a supplementary chargesheet if further investigation establishes offences under the anti-terror law.
According to the probe, several consignments of drones from Europe were allegedly delivered by the accused to individuals and groups in Mizoram. The agency further claims that the accused told investigators they had been in direct contact with unidentified individuals allegedly involved in terrorist activities and carrying AK-47 rifles.
Van Dyke, a 46-year-old American currently in judicial custody, was arrested at Kolkata airport. Ukrainian nationals Petro Hurba, Taras Slyviak and Ivan Sukmanovskyi were arrested at Lucknow airport on March 13, while Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi were arrested at Delhi airport the same day.
The NIA alleges that some of the accused had stayed in Mumbai and Delhi in December before travelling to Guwahati and subsequently entering Myanmar.
The court has listed the matter for further proceedings on October 1.
