India Drops Terror Charges Against Seven Recently Arrested Foreign Nationals

Por Rajeev Bhattacharyya — The Diplomat

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An American and six Ukrainians were arrested under the UAPA in March. They have now been charged under the less stringent Immigration and Foreigners Act instead.

The India-Myanmar Border at Zokhawthar in Mizoram, India.

Six months after seven foreign nationals, including an American and six Ukrainians, were arrested in India and booked under the anti-terrorism law Unlawful Activities Prevention Act (UAPA), the government has charged them under the less stringent Immigration and Foreigners Act.

U.S. national Matthew Aaron Van Dyke, and Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor were arrested in March from different parts of the country and charged under section 18 of the UAPA, which deals with offences amounting to conspiracy for terrorist activities and organizing terror camps.

They have now been charged under sections 21 and 23 of the Immigration and Foreigners Act for illegal entry and violations of visa conditions.

The dropping of terror charges against the foreign nationals has triggered speculation that the Indian government was under severe pressure from the U.S. government to release them. Van Dyke’s family had reportedly made a case before the U.S. government to intervene diplomatically in the issue to secure his release from prison.  The opposition Congress has slammed the BJP-led government for bowing to American pressure.

Government sources were quoted in the media as saying that the National Investigation Agency (NIA) booked the foreign nationals under the Immigration and Foreigners Act (IFA) because the charges under this law have already been established during the investigation.

Foreign and even Indian nationals must obtain a Protected Area Permit or Restricted Area Permit to visit some border districts and states in the country. Violation of the law could mean imprisonment for up to three years.

The NIA has alleged that the seven foreign nationals went to Mizoram without the requisite permit and then crossed the border into Myanmar, where they held training sessions for Myanmar’s ethnic armed organizations (EROs) in drone warfare and jamming technology. The agency claimed that their trip to India’s Northeast and then to Myanmar was not merely a violation of immigration laws but was part of “a larger conspiracy” involving a few Indian insurgent groups active in the region.

NIA has clarified that the probe into offences under the UAPA is continuing against all seven foreign nationals.

Under the UAPA, the NIA must complete the probe within 180 days, during which the accused remains in custody. The accused can apply for bail if the chargesheet is not submitted within this period.

In March, The Diplomat reported that the foreign nationals were not involved in any terror plot against India. In all likelihood, they were probably looking to reap profits from the sale of drones to resistance groups in Myanmar.

Drones have been widely utilized both by the military and resistance groups in Myanmar in the ongoing civil war. According to some functionaries of resistance groups active along the India-Myanmar border, most of these groups had been exploring diverse options to purchase drones after the supplies from Thailand and China were disrupted.

It was at this juncture that the seven foreign nationals landed in the camps of some resistance groups in Myanmar and offered demonstrations of drones and jamming technology with the objective of supplying the equipment in the coming months.

In addition, the likelihood of a mission being executed by these seven men to gather information on resistance groups in Myanmar on a mandate by some foreign agencies cannot be ruled out.

The illegal entry of foreign nationals to the border states in the northeastern region and their onward journey to the conflict hotspots in Myanmar has been a cause of concern for the Indian government. In 2025, Mizoram Chief Minister Lalduhoma stated that around 2,000 foreigners visited the border state, of whom several had crossed the border into Myanmar and entered the Chin Hills to provide military training to some resistance groups there. Last year, a Belgian journalist was arrested in Mizoram on flimsy charges but acquitted three months later.

The Indian government will be hoping that the arrest of the seven foreign nationals will deter others from indulging in similar adventurism in the future. Whether terror charges are slapped on them remains to be seen.

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Six months after seven foreign nationals, including an American and six Ukrainians, were arrested in India and booked under the anti-terrorism law Unlawful Activities Prevention Act (UAPA), the government has charged them under the less stringent Immigration and Foreigners Act.

U.S. national Matthew Aaron Van Dyke, and Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor were arrested in March from different parts of the country and charged under section 18 of the UAPA, which deals with offences amounting to conspiracy for terrorist activities and organizing terror camps.

They have now been charged under sections 21 and 23 of the Immigration and Foreigners Act for illegal entry and violations of visa conditions.

The dropping of terror charges against the foreign nationals has triggered speculation that the Indian government was under severe pressure from the U.S. government to release them. Van Dyke’s family had reportedly made a case before the U.S. government to intervene diplomatically in the issue to secure his release from prison.  The opposition Congress has slammed the BJP-led government for bowing to American pressure.

Government sources were quoted in the media as saying that the National Investigation Agency (NIA) booked the foreign nationals under the Immigration and Foreigners Act (IFA) because the charges under this law have already been established during the investigation.

Foreign and even Indian nationals must obtain a Protected Area Permit or Restricted Area Permit to visit some border districts and states in the country. Violation of the law could mean imprisonment for up to three years.

The NIA has alleged that the seven foreign nationals went to Mizoram without the requisite permit and then crossed the border into Myanmar, where they held training sessions for Myanmar’s ethnic armed organizations (EROs) in drone warfare and jamming technology. The agency claimed that their trip to India’s Northeast and then to Myanmar was not merely a violation of immigration laws but was part of “a larger conspiracy” involving a few Indian insurgent groups active in the region.

NIA has clarified that the probe into offences under the UAPA is continuing against all seven foreign nationals.

Under the UAPA, the NIA must complete the probe within 180 days, during which the accused remains in custody. The accused can apply for bail if the chargesheet is not submitted within this period.

In March, The Diplomat reported that the foreign nationals were not involved in any terror plot against India. In all likelihood, they were probably looking to reap profits from the sale of drones to resistance groups in Myanmar.

Drones have been widely utilized both by the military and resistance groups in Myanmar in the ongoing civil war. According to some functionaries of resistance groups active along the India-Myanmar border, most of these groups had been exploring diverse options to purchase drones after the supplies from Thailand and China were disrupted.

It was at this juncture that the seven foreign nationals landed in the camps of some resistance groups in Myanmar and offered demonstrations of drones and jamming technology with the objective of supplying the equipment in the coming months.

In addition, the likelihood of a mission being executed by these seven men to gather information on resistance groups in Myanmar on a mandate by some foreign agencies cannot be ruled out.

The illegal entry of foreign nationals to the border states in the northeastern region and their onward journey to the conflict hotspots in Myanmar has been a cause of concern for the Indian government. In 2025, Mizoram Chief Minister Lalduhoma stated that around 2,000 foreigners visited the border state, of whom several had crossed the border into Myanmar and entered the Chin Hills to provide military training to some resistance groups there. Last year, a Belgian journalist was arrested in Mizoram on flimsy charges but acquitted three months later.

The Indian government will be hoping that the arrest of the seven foreign nationals will deter others from indulging in similar adventurism in the future. Whether terror charges are slapped on them remains to be seen.

Rajeev Bhattacharyya is a senior journalist in Assam in India’s northeast. 

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Fonte: The Diplomat