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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, including a US citizen and six Ukrainians, arrested for alleged involvement in a wider terror conspiracy, dropping charges under the Unlawful Activities (Prevention) Act.
The National Investigation Agency (NIA) has invoked the Foreigners Act against seven foreign nationals, including a US citizen and six Ukrainians, arrested for alleged involvement in a wider terror conspiracy, dropping charges under the Unlawful Activities (Prevention) Act (UAPA). According to the chargesheet, the NIA arrested the accused to probe their larger conspiracy and investigate their links with insurgent groups in India's northeastern states.
The agency had previously told the court that the accused were being investigated for alleged assistance to ethnic armed groups in India and Myanmar and the provision of drone training. 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.
In a major turnaround, the NIA did not invoke the UAPA against Matthew Aron Van Dyke and six other foreign nationals arrested earlier this year over accusations of training armed anti-India ethnic groups. The chargesheet filed in a court invoked charges of illegal entry, stay, and movement, but did not invoke sections of the UAPA despite arresting them in a terror conspiracy case.
The accused persons violated Section 3 and 7 of the Immigration and Foreigners Act, 2025, which govern the mandatory travel documents required for entry into India. Further investigation under 193(9) Bharatiya Nyaya Sanhita (BNS) may be allowed to continue in order to unearth all the aspects of the larger conspiracy in the instant case.
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.