NIA has not dropped UAPA charges against seven foreign nationals

The NIA has said its UAPA investigation against seven foreign nationals, including one American and six Ukrainians, is continuing despite filing a chargesheet under the Immigration and Foreigners Act. The agency said the move was linked to statutory bail timelines

New Delhi: The NIA has not dropped terror charges under the Unlawful Activities (Prevention) Act (UAPA) against seven foreign nationals — one American and six Ukrainians — and its probe under the anti-terror law is continuing, government sources said on Wednesday.

The National Investigation Agency (NIA) has filed a chargesheet against US national Matthew Aaron Van Dyke and the six Ukrainians under the Immigration and Foreigners Act (IFA), as offences under that law had been “fully established” during the investigation so far, the sources said.

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The agency has also mentioned in its first chargesheet that the investigation under the UAPA is continuing, they said.

“The law also permits further investigation after filing of a chargesheet and the filing of a supplementary chargesheet where additional evidence establishes further offences,” an official said.

The accused were due to complete 180 days in judicial custody on September 8 and would have become eligible for default bail if the chargesheet had not been filed, the sources said.

Since the offences under the IFA had been established, the NIA went ahead with filing its first chargesheet rather than allowing the statutory bail period to expire, they said.

“This should not be confused with the closure of the larger investigation… Therefore, the fact that the UAPA provisions are not part of the IFA chargesheet does not mean that the UAPA investigation has been withdrawn, abandoned or closed,” an official said.

The sources said US diplomats raising the case of one of their detained citizens was also “normal diplomatic practice”.

Whenever an Indian is arrested overseas, Indian missions approach the local foreign office and authorities for consular access, legal assistance and fair treatment, and even a speedy trial and remission where appropriate, they said.

Consular access to detained nationals is also specifically recognised under the Vienna Convention, they said.

The NIA filed the chargesheet before Special Judge Prashant Sharma, accusing the seven of offences under Sections 21 and 23 of the Immigration and Foreigners Act relating to illegal entry, stay and movement.

The NIA had arrested Van Dyke on March 13 along with six Ukrainian nationals — Kaminskyi Viktor, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian and Honcharuk Maksim — after they allegedly entered India from Myanmar through the Mizoram border before being intercepted at various domestic airports across the country.

It was alleged that the group was operating as mercenaries.

The NIA had earlier registered a case against them under provisions of the UAPA along with sections of the Bharatiya Nyaya Sanhita (BNS).