Amid questions over the National Investigation Agency (NIA) not invoking provisions of the Unlawful Activities (Prevention) Act (UAPA) in its chargesheet against US national Matthew Aaron Van Dyke, sources clarified that this does not amount to a complete dropping of terror charges, as the investigation into the matter is still underway.
"The NIA has not dropped the terror investigation against any of the seven accused. Investigation into offences under the UAPA is continuing against all of them. NIA has filed a chargesheet under the Immigration and Foreigners Act (IFA) because those offences have already been fully established during the investigation till now," sources told news agency ANI.
Sources further said that under the UAPA framework, an investigating agency can get up to 180 days to complete its investigation while an accused remains in custody, subject to the statutory process. If the requisite chargesheet is not filed within the applicable period, the accused can seek statutory or default bail.
"In the present case, the statutory period of 180 days of judicial custody was due to expire on September 8, 2026. By that stage, offences under the Immigration and Foreigners Act (IFA) had already been established. The NIA, therefore, filed a chargesheet in connection with those offences rather than allow the statutory period to expire," sources said.
"This should not be confused with closure of the larger investigation," the sources said, pointing out that the chargesheet itself records that the investigation under the UAPA is continuing.
NIA drops terror charges against Van Dyke
Earlier on Tuesday, the NIA filed a chargesheet against seven foreign nationals, including Van Dyke, for illegal entry, stay and movement, but did not invoke the anti-terror law UA(P)A, after arresting them in a terror conspiracy case for alleged links to ethnic armed groups in India.
The NIA's Special Public Prosecutor (SPP) said that the investigation in this regard is still ongoing and the agency may file a supplementary chargesheet if an offence under the UAPA is made out. The NIA has invoked Sections 21 and 23 of the Foreigners Act in the chargesheet.
The chargesheet said, "A substantial part of the further investigation with respect to the offences committed under UA(P) Act, 1967 has been completed. Further investigation is undergoing and 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…"
It said that the further probe could "indicate their possible involvement in acts affecting/threatening the unity, integrity, security and sovereignty of India or strike terror in any section of the people of India in a manner affecting India's interests."
"Further investigation under 193(9) BNSS may be allowed to be continued in order to unearth all the aspects of the larger conspiracy in the instant case against the arrested accused persons and others in the instant case," the chargesheet said.
Mercenaries and terror conspiracy case
US national Matthew Aaron Van Dyke was arrested by the NIA at Kolkata airport, while Ukrainian nationals Petro Hurba, Taras Slyviak and Ivan Sukmanovskyi were arrested at Lucknow airport on March 13. Three other Ukrainian nationals -- Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi were arrested at Delhi airport on the same day.
The agency had alleged that the group was operating as mercenaries. The NIA had initially registered the case under Section 18 of the UAPA, which deals with punishment for conspiracy, along with relevant provisions of the Bharatiya Nyaya Sanhita (BNS).
The agency had previously told the court that the accused were being investigated as part of a wider terror conspiracy, including alleged assistance to ethnic armed groups in India and Myanmar and the provision of drone training.
On March 16, the court granted the NIA 11 days of custody of the accused, accepting the agency's submission that the allegations involved national security and the interests of the country and broadly attracted provisions of the UAPA. The accused were subsequently sent to judicial custody.
(With ANI, PTI inputs)
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