In a major turnaround, the National Investigation Agency on Tuesday dropped the anti-terror UAP(A) anti-terror law against alleged US mercenary Matthew Aron Van Dyke and six other foreign nationals arrested earlier this year over accusations of training armed anti-India ethnic groups.
According to a PTI report, the central agency, in its chargesheet filed before a court, invoked charges related to illegal entry, stay and movement, but dropped the provisions of the Unlawful Activities (Prevention) Act (UAPA), despite having arrested the accused in a terror conspiracy case on March 13.
About the mercenaries' case and the 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.
Illegal entry into Mizoram, training armed groups in Myanmar: What the NIA chargesheet says
The chargesheet, filed before Special Judge Prashant Sharma, accuses the seven of the offences under Sections 21 and 23 of the Immigration and Foreigners Act. The agency, however, said further investigation was required to establish the complete facts concerning possible offences under the Unlawful Activities (Prevention) Act (UAPA).
The NIA said, "A substantial part of the further investigation with respect to the offences committed under UA(P) Act, 1967, has been completed." It added that the investigation was still underway and "more time is required to ascertain and verify the true and complete facts about the commission of offences under UA(P)A", particularly in view of the alleged import and recovery of a large quantity of drones and accessories through India and the seizure of numerous digital devices that are being examined.
The agency said the ongoing investigation could reveal the accused persons' "possible involvement in acts affecting/threatening the unity, integrity, security and sovereignty of India" or actions intended to create terror in any section of the population in a manner affecting India's interests.
The NIA also sought permission for the probe to continue under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), saying further investigation was necessary to uncover all aspects of the alleged larger conspiracy involving the arrested accused and others.
Links with Myanmar armed groups
According to the chargesheet, the arrests were made not only to investigate the alleged larger conspiracy but also to determine whether the accused had links with insurgent groups operating in India's northeastern states.
The agency claimed that Van Dyke and the other Ukrainian nationals travelled to India in December 2025 after obtaining tourist visas. They allegedly subsequently crossed the Myanmar border and travelled to Victoria Camp in Myanmar, where they were accused of providing training to ethnic armed groups.
The investigation further found that the accused travelled to Guwahati on different dates after arriving in India and stayed at different hotels. According to the NIA, they planned their movements in India and Myanmar in a manner designed to avoid attracting suspicion.
NIA alleges visa and immigration violations
The final report said the investigation established that the accused entered India using valid travel documents but did not obtain the mandatory Protected Area Permit (PAP) required for visiting Mizoram.
Mizoram is classified as a notified Protected Area under the Third Schedule of the Immigration and Foreigners Order, 2025, which forms part of India's immigration framework under the Immigration and Foreigners Act, 2025.
The NIA alleged that the accused subsequently entered Myanmar illegally through Mizoram without valid travel documents to conduct pre-planned training for ethnic armed groups in December 2025. The alleged training involved drone warfare, drone operations, assembly and jamming technology.
The agency further alleged that the accused returned to India illegally through an unauthorised entry point in March 2026, thereby violating the conditions of the visas issued by the Indian government.
Based on these allegations, the NIA said the accused were liable to prosecution under Section 23 of the Immigration and Foreigners Act, which carries a punishment of up to three years' imprisonment, a fine of up to Rs 3 lakh, or both. Section 21 provides for imprisonment of up to five years, a fine of up to Rs 5 lakh, or both.
The agency has requested the court to take cognisance of the chargesheet filed against the seven foreign nationals under Sections 21 and 23 of the Act. The court has listed the matter for further proceedings on October 1.
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