Security breach case: NIA files chargesheet against Van Dyke, other foreigners; does not invoke UAPA

NEW DELHI: Taking a U-turn completely, the National Investigation Agency (NIA) has dropped charges under the stringent anti-terror law against a US citizen and six Ukrainians whom it had arrested in March in a case involving an alleged terror conspiracy and links to ethnic armed groups, according to the agency's chargesheet filed on Tuesday.

The federal probing agency had initially booked the seven accused under the Unlawful Activities (Prevention) Act (UAPA), along with provisions of the Bharatiya Nyaya Sanhita, after arresting them on March 13.

In a chargesheet filed on Tuesday in a special NIA court in Delhi, the NIA invoked only Sections 21 and 23 of the Immigration and Foreigners Act, 2025—both compoundable offences at the level of the Foreigners Regional Registration Office.

The agency has accused them only of offences relating to illegal entry, stay and movement in India.

The seven include US citizen Matthew Aaron Van Dyke and six Ukrainians—Kaminskyi Viktor, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian and Honcharuk Maksim.

The development marks a significant turn from its original allegations made when the seven were arrested. The NIA had booked them under Section 18 of the Unlawful Activities (Prevention) Act (UAPA), which covers conspiracy for terrorist activities and organising terror camps.

Special Public Prosecutor Rahul Tyagi told the court that the agency had not invoked the UAPA in Tuesday's chargesheet but had kept the investigation into offences under the anti-terror law pending.

The agency could file a supplementary chargesheet if its further investigation establishes that a UAPA offence was committed, Tyagi said.

The agency had alleged that the group entered India from Myanmar through the Mizoram border and was subsequently intercepted at different airports across the country. The agency had also alleged that they were operating as mercenaries.

The NIA had arrested Van Dyke at Kolkata airport in March, while the Ukrainian nationals were detained at airports in Delhi and Lucknow.

Earlier, the agency had alleged that Van Dyke and the others had assembled equipment and were involved in an alleged plan targeting a passenger flight in Myanmar.

The NIA further alleged that during their initial custody, the accused made "important disclosures" about the alleged conspiracy and had been in "direct touch" with terrorists "carrying AK-47 rifles".

Furthermore, the agency had also submitted evidence gathered during the investigation, including material extracted from the accused's seized mobile phones.

The phones were sent to Computer Emergency Response Team (CERT-In), the country's nodal agency for dealing with cybersecurity threats, for forensic examination.