Prosecution Shifts Strategy to Immigration Violations in Delhi Court
The National Investigation Agency has filed a chargesheet omitting stringent anti-terror provisions against seven foreign nationals in a Delhi court.
US citizen Matthew Aaron VanDyke and six Ukrainian associates were charged under immigration laws rather than terror conspiracy provisions.
Special Judge Prashant Sharma received the formal submission at the Rouse Avenue Courts on Tuesday.
This legal update substantially alters the immediate prison exposure for the accused group.
Investigators previously alleged that the foreign team assisted ethnic armed groups with drone warfare training across the Myanmar border.
Penal Provisions and Statutory Comparison
| Legal Framework | Charged Sections | Maximum Sentence | Mandatory Minimum |
| Immigration & Foreigners Act | Section 21 (Protected Area Breach) | Up to 5 years prison / ₹5 lakh fine | No mandatory minimum |
| Immigration & Foreigners Act | Section 23 (Visa Condition Default) | Up to 3 years prison / ₹3 lakh fine | No mandatory minimum |
| UAPA Anti-Terror Law | Section 18 (Terrorist Conspiracy) | Life Imprisonment / Fine | 5 Years Minimum Prison |
Also Read : “Quit or Face Death”: 7,000 Kashmiri Pandit Workers Exposed in Mass Data Leak and Terror Warning
Defence counsel representing VanDyke noted that the primary chargesheet lacks terrorism claims.
Presently, the accused face charges under Sections 21 and 23 of the Immigration and Foreigners Act.
As a result, the maximum prison sentence for the most severe charge remains capped at five years.
By contrast, original UAPA conspiracy provisions required a mandatory five-year minimum imprisonment sentence.
Official filings indicate the group entered Mizoram before traveling across the Tiau river route to Victoria Camp.
Case Profile and Jurisdictional History
| Case Parameter | Investigative Details |
| Primary Accused | Matthew Aaron VanDyke (US Citizen, Sons of Liberty International) |
| Co-Accused | 6 Ukrainian Citizens (Hurba, Slyviak, Sukmanovskyi, Stefankiv, Honcharuk, Kaminskyi) |
| Arrest Locations | Kolkata Airport, Delhi Airport, Lucknow Airport (March 2026) |
| Key Allegation | Illegal movement in Protected Areas and unauthorized border crossing |
| Pending Probe | Technical analysis of seized digital devices and drone hardware |
The news that the NIA drops UAPA charges foreign nationals faced initially provides immediate relief to the legal defence.
Special Public Prosecutor Rahul Tyagi confirmed that broader aspects of the investigation remain open under supplementary provisions.
Agency officials stated that forensic scrutiny of seized electronic hardware and drone accessories is ongoing.
Legal experts emphasize that the agency retains rights to file supplementary charges if additional evidence emerges later.
For further judicial records and official court schedules, readers can visit the National Investigation Agency Portal.
The decision where the NIA drops UAPA charges foreign nationals faced marks a notable procedural shift in high-profile cross-border litigation.