NIA Drops UAPA Charges Against US Citizen, Six Ukrainians in Anti-India Training Case
New Delhi, September 9: In a significant development in a case involving allegations of training anti-India armed groups, the National Investigation Agency (NIA) has filed a chargesheet against seven foreign nationals, including a US citizen and six Ukrainians, without invoking provisions of the stringent Unlawful Activities (Prevention) Act (UAPA).
The accused include US national Matthew Aaron VanDyke and six Ukrainian citizens. They were arrested in March after being intercepted at airports in Kolkata, New Delhi and Lucknow during an investigation into their alleged links with armed groups operating in India and neighbouring Myanmar.
The case had initially attracted considerable attention because of allegations that the foreign nationals were associated with ethnic armed organisations and were involved in providing training, including drone-related training, to groups described by investigators as hostile to India.
However, the chargesheet filed before a special NIA court in Delhi represents a notable shift in the legal position. According to reports, the agency has not included UAPA offences in the chargesheet filed against the seven accused.
Instead, the NIA has invoked provisions of the Immigration and Foreigners Act, 2025, particularly Sections 21 and 23. The provisions relate to alleged violations involving the entry, stay and movement of foreign nationals in India.
The accused had initially faced allegations under UAPA and provisions of the Bharatiya Nyaya Sanhita following their arrests. The decision not to include UAPA provisions in the present chargesheet has therefore emerged as an important development in the case.
Investigators had been examining the movements of the accused between India and Myanmar, as well as their alleged connections with ethnic armed groups. The probe also focused on whether the foreign nationals had entered or stayed in India without the necessary authorisation and whether their activities were connected to organisations considered hostile to Indian interests.
Despite the omission of UAPA charges from the current chargesheet, the NIA has reportedly indicated that its investigation into possible offences under the anti-terror law is still continuing. This leaves open the possibility of further legal action if investigators uncover additional evidence during the ongoing probe.
The chargesheet filed so far consequently focuses primarily on alleged violations of immigration and foreigners-related laws rather than terrorism offences under the UAPA.
The development is significant because the UAPA carries stringent provisions and is frequently invoked in cases involving alleged terrorism, unlawful organisations and activities considered a threat to India's sovereignty and security. The agency's decision to proceed under the Immigration and Foreigners Act at this stage could therefore have a substantial bearing on the immediate legal proceedings.
The special NIA court is expected to examine the chargesheet and determine the next course of proceedings. The accused will have the opportunity to contest the allegations through due legal process.
Authorities are continuing to investigate the broader circumstances surrounding the foreign nationals, their alleged associations and their movements across borders. Until the court reaches a conclusion, the allegations against the accused remain unproven.
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