New Delhi: An investigation by the National Investigation Agency (NIA) against seven foreign nationals arrested under terror charges has so far not revealed any “conclusive evidence” suggesting their activities were against India’s national interest.
This is why they have not been charged under the stringent Unlawful Activities (Prevention) Act (UAPA), sources in the agency told ThePrint. “However, this cannot be ruled out either, but it will require extensive scrutiny of data and investigation abroad, which will require some time,” officials added.
If evidence is found later to justify charges under UAPA, it may be added in a supplementary charge sheet, officials said.
“Investigation conducted so far has not, however, revealed any conclusive evidence indicating that the accused persons were involved in activities directed against India or that the accused persons had imparted training to Indian Insurgent Groups (IIGs),” sources in the agency told ThePrint requesting anonymity.
The anti-terrorism agency Tuesday filed a charge sheet against seven foreign nationals including US national Matthew Aaron VanDyke only under sections 21 and 23 of the Immigration and Foreigners Act 2025—neither attracting compulsory jail terms and both compoundable. They were not charged under UAPA.
According to the terms of the law introduced last year, offences falling under Section 21 of the Act can attract a maximum prison term of five years or a fine of Rs 5 lakh or both. For offences falling under Section 23 of the Act, the maximum jail term is three years or fine of Rs 3 lakh or both. However, both these provisions—which cover offences related to violation of terms of a tourist visa and entry into restricted area—are compoundable at the level of the Foreigners Regional Registration Office.
Sources in the agency said that investigation conducted so far has revealed that the arrested accused were imparting drone warfare training to Myanmar-based ethnic armed groups (EAGs).
NIA has jurisdiction on crimes committed outside India only if they are against India’s interests or against Indian nationals. “If evidence emerges of their involvement with respect to Indian insurgent groups, the jurisdiction will not be a hurdle,” the NIA official said.
Through amendments in 2019, the National Investigation Agency Act has been empowered to probe offences even when committed outside the country, provided they endanger India’s national security or affect Indian nationals.
“Investigation revealed that the accused had arrived in India in December 2025 and subsequently crossed the Indo-Myanmar border illegally to reach Victoria Camp in Myanmar,” sources privy to the details of the investigation said.
Victoria Camp is the military headquarters of the rebel Kachin Independence Army (KIA) of Myanmar and has been fighting a deadly conflict with the Military Junta. Sources further said evidence collected during probe also indicate their participation in joint combat operations in Myanmar.
“The investigation further established that the accused persons received logistical support from members of the Chin National Front (a prominent ethnic political organisation representing the Chin people in Myanmar) and that the mission was financed through funds arranged by a commander of a Myanmar-based rebel group,” the officials quoted above further said.
Officials further said that NIA investigators also seized drone consignments and other related equipment that had been detained by Customs authorities in Delhi.
(Edited by Viny Mishra)