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NIA Invokes Foreigners Act Against 7 Arrested for ‘Terror Conspiracy’
Confirmed
In Short: The National Investigation Agency (NIA) has invoked the Foreigners Act against seven foreign nationals arrested for alleged terror conspiracy, dropping the Unlawful Activities (Prevention) Act.
India's National Investigation Agency (NIA) has invoked the Foreigners Act against seven foreign nationals arrested for alleged involvement in a terror conspiracy, dropping the Unlawful Activities (Prevention) Act (UAPA) despite initial charges. According to the chargesheet, the accused, including a US national and six Ukrainians, were arrested for illegal entry and alleged training of ethnic armed groups in India and Myanmar. The NIA stated that further investigation may continue under the Bharatiya Nyaya Sanhita (BNS) to uncover the larger conspiracy. The accused face charges under Sections 21 and 23 of the Immigration and Foreigners Act, which carry penalties of up to three years' imprisonment and a fine of up to Rs 3 lakh.
The NIA's decision to drop the UAPA in favor of the Foreigners Act highlights the ongoing investigation into the alleged terror conspiracy. The accused were arrested in March 2025 and were found to have visited India after obtaining tourist visas, crossing the Myanmar border to provide training to ethnic armed groups. The chargesheet also accuses them of having links with insurgent groups in India's northeastern states.
The NIA initially registered the case under Section 18 of the UAPA, but the chargesheet filed before Special Judge Prashant Sharma did not invoke the UAPA. Instead, it focused on illegal entry, stay, and movement under the Immigration and Foreigners Act, 2025. The accused are liable to be prosecuted under Sections 21 and 23 of the Act, which carry penalties of up to five years' imprisonment and a fine of up to 5 lakhs, or both.
The NIA's chargesheet also revealed that the accused visited Victoria Camp in Myanmar in December 2025, where they provided training to ethnic armed groups. The agency stated that further investigation may be allowed to continue to unearth all aspects of the larger conspiracy and to establish the accused's involvement with insurgent groups in northeastern India.
What's confirmed
- 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.
What's still developing
- 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.
- In a major turnaround, the National Investigation Agency on Tuesday dropped did not invoke the anti-terror UAP(A) anti-terror law against alleged US mercenary Matthew Aron Van Dyke and six other foreign nations arrested earlier this year over accusations of training armed anti-India ethnic groups.