India Drops Anti-Terror Charges Against US National, 6 Ukrainians — Keeps Terror Probe Open

NEW DELHI, Sept 27:  India’s National Investigation Agency has not invoked the country’s anti-terror law in its first chargesheet against a US national and six Ukrainians arrested in March over alleged links to Myanmar-based armed groups and drone-related activities.

The NIA filed the chargesheet on September 8 under Sections 21 and 23 of the Immigration and Foreigners Act, 2025, relating to violations involving the entry, stay and movement of foreign nationals in India. The agency did not include the Unlawful Activities (Prevention) Act (UAPA) charges under which the seven were originally arrested.

The seven are US national Matthew Aaron Van Dyke and Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor. They were arrested on March 13 and initially booked under Section 18 of the UAPA, which concerns conspiracy relating to terrorist activities.

According to the NIA, the accused entered India on tourist visas and travelled toward the northeastern region. The agency alleges they entered Mizoram without the required Protected Area Permit and subsequently crossed into Myanmar, where they were allegedly involved in pre-scheduled training related to drone warfare, drone operations, assembly and jamming technology for Myanmar-based ethnic armed groups.

However, NIA Special Public Prosecutor Rahul Tyagi told the court that the agency's investigation into the alleged UAPA offences remains pending. The agency has indicated that a supplementary chargesheet could be filed if the continuing investigation establishes that UAPA offences were committed.

The development therefore does not amount to a final judicial finding that the seven were cleared of the terrorism allegations. The first chargesheet currently places the charges against them under the Immigration and Foreigners Act.

The change in charges has also led to developments in their custody proceedings. A Delhi court granted the seven default bail, and on September 25 allowed Van Dyke to travel to the United States and the six Ukrainians to travel to Ukraine for one month, subject to conditions.

Van Dyke has also paid ₹550,000 in compounding charges to the Foreigners Regional Registration Office in connection with the Immigration and Foreigners Act offences, according to reports citing sources familiar with the proceedings.

The NIA's allegations concerning drone transfers, training and links to armed groups remain subject to the ongoing investigation and court proceedings.