The National Investigation Agency (NIA) has applied provisions of the Immigration and Foreigners Act, 2025 in its chargesheet against seven foreign individuals detained in March for purportedly plotting terrorist acts against India.
This chargesheet was submitted on Tuesday to a special NIA court in Delhi; however, it does not include allegations under the Unlawful Activities (Prevention) Act (UAPA) against the accused, which comprises one American and six Ukrainians. These individuals are suspected of having connections with ethnic armed factions within India.
During the court proceedings, Special Public Prosecutor (SPP) Rahul Tyagi, representing the NIA, stated that the investigation concerning offenses under the UAPA is still ongoing and has not yet been concluded. He indicated that a supplementary chargesheet may be presented if evidence supporting an offense under the UAPA is established.
The NIA reported that a significant portion of the ongoing investigation related to offenses under the UAPA has been completed. However, additional time is necessary to fully uncover and verify the facts concerning the alleged violations, especially regarding the importation and recovery of substantial amounts of drones and related equipment in India.
The court has scheduled further proceedings for October 1.
According to the NIA’s investigation, the detainees allegedly crossed into Myanmar illegally through Mizoram to engage in pre-planned training sessions focusing on drone warfare and operations, as well as jamming technology, for Myanmar-based Ethnic Armed Groups (EAGs) opposing the Myanmar Military Junta.
The accused are said to have breached Sections 3 and 7 of the Immigration and Foreigners Act, 2025, which stipulate the necessary travel documents required for entry into India.
One of the arrested individuals, Matthew Van Dyke, a 46-year-old American currently in judicial custody, has claimed on his personal website that he participated in the 2011 Libyan Civil War to help overthrow Muammar Gaddafi. He was apprehended by the NIA at the Kolkata airport, while the Ukrainian nationals Petro Hurba, Taras Slyviak, and Ivan Sukmanovskyi were detained at the Lucknow airport on March 13.
The remaining three Ukrainians—Marian Stefankiv, Maksim Honcharuk, and Viktor Kaminskyi—were arrested at the Delhi airport on the same day.
Sources indicate that one group of Ukrainians had been residing in hotels in Mumbai last December. From there, they allegedly traveled to Guwahati before entering Myanmar illegally. Another group is said to have stayed in a hotel in Paharganj, Delhi, before also heading to Guwahati.
The NIA’s investigation revealed that the accused had entered Mizoram without the required Protected Area Permit (PAP). Moreover, the agency has uncovered evidence suggesting that the accused were involved in delivering various drone consignments from Europe to individuals and groups in Mizoram. During interrogations, the suspects reportedly claimed they were in direct contact with unidentified terrorists who were armed with AK47 rifles and engaged in illegal activities.
