New Delhi, Sep 9: The National Investigation Agency (NIA) has not dropped terror charges under the Unlawful Activities (Prevention) Act (UAPA) against seven foreign nationals, including a US citizen and six Ukrainians, and its probe under the anti-terror law is continuing, government sources said on Wednesday.
The NIA has filed a chargesheet against US national Matthew Aaron Van Dyke and the six Ukrainians under the Immigration and Foreigners Act, after establishing offences under the law during its investigation, the sources said.
The agency has made it clear in its first chargesheet that the UAPA investigation remains ongoing and further action could follow if additional evidence emerges.
"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 a chargesheet had not been filed, the sources said.
Since offences under the Immigration and Foreigners Act had been established, the NIA filed its first chargesheet before the statutory period expired, they said.
The sources stressed that the absence of UAPA provisions from the Immigration and Foreigners Act chargesheet should not be interpreted as closure or withdrawal of the larger investigation.
"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fact that the UAPA provisions are not part of the IFA chargesheet does not mean that the UAPA investigation has been withdrawn, abandoned or closed," an official said.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 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.
Van Dyke was arrested on March 13 along with six Ukrainian nationals — Kaminskyi Viktor, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian and Honcharuk Maksim.
According to the allegations, the group entered India from Myanmar through the Mizoram border and were subsequently intercepted at different domestic airports. They were allegedly operating as mercenaries.
The NIA had initially registered a case against the accused under provisions of the UAPA along with sections of the Bharatiya Nyaya Sanhita (BNS).
On the issue of US diplomatic intervention in the case of Van Dyke, the sources said such action was part of normal diplomatic practice. They noted that Indian missions similarly seek consular access, legal assistance and fair treatment whenever Indian nationals are detained abroad.
Consular access for detained foreign nationals is also recognised under the Vienna Convention, the sources said.
