The Congress on Tuesday questioned the National Investigation Agency’s decision not to invoke the anti-terror law UAPA against US national Matthew Aaron Van Dyke, asking whether the move was made under pressure from American authorities and what India expected in return.
“What is pro quo that India expects for this quid? This appears to be bullying,” Congress general secretary in-charge communications Jairam Ramesh said.
Ramesh questioned whether the NIA had dropped the terror charge after a proper investigation or whether the Modi government had been “pressurised” by US authorities to do so.
“Did NIA drop the terror charges against the US national after proper investigation or was it pressurised to do so right away by the Modi govt at the instance of the US authorities?” he said.
The NIA on Tuesday filed a charge sheet against Van Dyke and six Ukrainian nationals for alleged violations of the Immigration and Foreigners Act relating to their illegal entry, stay and movement in India.
The agency, however, did not invoke the UAPA in the charge sheet, saying further investigation was required to ascertain and verify the “true and complete facts” regarding offences under the anti-terror law.
The NIA had initially registered the case under Section 18 of the UAPA, relating to conspiracy, along with provisions of the Bharatiya Nyaya Sanhita.
The accused had been arrested as part of a probe into an alleged larger conspiracy involving ethnic armed groups in the region.
Van Dyke was arrested at Kolkata airport, while Ukrainian nationals Petro Hurba, Taras Slyviak and Ivan Sukmanovskyi were arrested at Lucknow airport on March 13. Three others, Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi were arrested at Delhi airport the same day. The NIA had alleged that the group was operating as mercenaries.
According to the charge sheet, the accused entered India in December 2025 on tourist visas and subsequently crossed the Myanmar border to reach Victoria Camp, where they allegedly provided training to ethnic armed groups of Myanmar. They later travelled to Guwahati and stayed at different hotels, the agency said.
The NIA said a substantial part of its investigation into alleged UAPA offences had been completed, but further probe was required following the recovery of a large quantity of drones and accessories and the seizure of several digital devices whose scrutiny was underway.
The agency said the continuing investigation could establish their possible involvement in acts threatening the unity, integrity, security or sovereignty of India or in activities intended to strike terror.
The NIA sought cognisance of the charge sheet under Sections 21 and 23 of the Immigration and Foreigners Act. The court has posted the matter for further proceedings on October 1.
(With inputs from PTI)