New Delhi, September 9, 2026 : The National Investigation Agency (NIA) has not dropped terror-related charges under the Unlawful Activities (Prevention) Act (UAPA) against seven foreign nationals — one American and six Ukrainians — and its investigation under the anti-terror law remains ongoing, government sources said on Wednesday.
The clarification comes after the NIA filed its first chargesheet against the seven under the Immigration and Foreigners Act (IFA). According to government sources, offences under the IFA relating to illegal entry, stay and movement had been established during the investigation.
The sources stressed that the filing of the IFA chargesheet does not mean that the wider UAPA investigation has been closed or withdrawn.
UAPA Investigation Continues
The NIA has specifically mentioned in its first chargesheet that its investigation under the UAPA is continuing.
Officials pointed out that Indian law permits investigators to conduct further investigation even after a chargesheet has been filed and, if additional evidence establishes further offences, to submit a supplementary chargesheet.
“This should not be confused with the closure of larger investigation,” an official said, adding that the absence of UAPA provisions from the first IFA chargesheet should not be interpreted as the anti-terror investigation having been abandoned.
Charges Under Immigration Law
The NIA filed the chargesheet before Special Judge Prashant Sharma, accusing the seven foreign nationals of offences under Sections 21 and 23 of the Immigration and Foreigners Act, relating to illegal entry, stay and movement in India.
The chargesheet was filed as the accused were approaching the completion of 180 days in judicial custody on September 8.
According to government sources, failure to file a chargesheet within the statutory period could have made the accused eligible for default bail. Since the alleged immigration offences had been established, the agency proceeded with the first chargesheet rather than allowing the statutory period to expire.
American National and Six Ukrainians
The seven accused include US national Matthew Aaron Van Dyke and six Ukrainian nationals:
- Kaminskyi Viktor
- Hurba Petro
- Slyviak Taras
- Ivan Sukmanovskyi
- Stefankiv Marian
- Honcharuk Maksim
The NIA arrested Van Dyke on March 13, 2026, along with the six Ukrainians.
According to the allegations, the group had entered India from Myanmar through the Mizoram border before being intercepted at different domestic airports.
The agency had earlier registered a case against them under provisions of the UAPA, along with sections of the Bharatiya Nyaya Sanhita (BNS).
The group was also allegedly operating as mercenaries, an allegation that remains part of the investigation.
US Diplomatic Intervention Called Normal
Government sources also sought to put the involvement of US diplomats in perspective after the detention of American national Matthew Aaron Van Dyke.
They said diplomatic representatives raising concerns about the case of a detained citizen was normal diplomatic practice.
Indian diplomatic missions similarly approach foreign governments when Indian citizens are arrested overseas, including for consular access, legal assistance and fair treatment.
Officials noted that consular access to detained foreign nationals is recognised under the Vienna Convention.
What Happens Next?
The latest chargesheet establishes that the NIA has proceeded with the immigration-related case while keeping its larger UAPA investigation alive.
The agency can continue gathering evidence and, if further offences are established, file a supplementary chargesheet.
Therefore, the present IFA chargesheet should not be viewed as the final conclusion of the investigation into the seven foreign nationals.
