Delhi Court Grants One-Month Travel Permission to Seven Foreign Nationals in NIA Terror Probe

A special National Investigation Agency (NIA) court in Delhi permitted a U.S. citizen and six Ukrainian citizens—arrested in March on suspicion of conspiring to carry out terrorist activities—to leave India for one month to visit their families. The permission, granted by NIA Special Judge Prashant Sharma, requires the accused to cooperate with the investigation and return after the allotted time.

The Hindu

The seven individuals were detained on March 13, 2026 after the NIA alleged they entered India on tourist visas, crossed from Mizoram into Myanmar, and received training from ethnic armed groups for drone warfare targeting the Myanmar military junta. The agency also claimed the group was planning an attack on a passenger aircraft in Myanmar.

The Hindu

The initial chargesheet invoked sections of the Unlawful Activities (Prevention) Act (UAPA). A later chargesheet filed in September listed only Sections 21 and 23 of the Immigration and Foreigners Act, 2025—offences that are compoundable before the FRRO. The NIA indicated a supplementary chargesheet may be filed if further UAPA-relevant evidence emerges.

The Indian Express

• March 13, 2026 – Arrest of the seven foreign nationals.

The Indian Express

• September 8, 2026 – End of the NIA’s 180-day investigation window for filing a UAPA-based chargesheet.

The Indian Express

• September 18, 2026 – Judge Sharma grants default bail to the U.S. citizen, noting the charge-sheet is “piecemeal.”

The Indian Express

• September 24, 2026 – Court orders all seven accused to travel abroad for one month, releases their passports, and sets conditions for cooperation.

CNN-News18

• Accused: 7 foreign nationals (1 U.S., 6 Ukrainian).

CNN-News18

• Penalty: Compounding charge of INR5.5 lakh each to the FRRO.

The Indian Express

• Travel duration: One month from departure, not the six-week period initially requested.

CNN-News18

Judge Sharma emphasized that the right to travel abroad is an extension of fundamental rights under Article 21, but must be balanced against legal considerations. He ordered the accused to provide residential addresses, phone numbers, and email IDs within 24 hours.

CNN-News18

The NIA, represented by Special Public Prosecutor Rahul Tyagi and counsel Jatin Khatri and Amit Rohilla, reiterated that the probe remains ongoing and that suitable undertakings can secure the accused’s cooperation.

The Indian Express

• “The right to travel abroad is an extension of fundamental rights under Article 21 of the Constitution… which cannot be taken lightly… and a balance has to be struck,” — NIA Special Judge Prashant Sharma

The Indian Express

• Chargesheet composition: Early reports said the NIA had invoked UAPA provisions, yet the September filing listed only immigration offences. A supplementary chargesheet may follow if new evidence is found.

The Indian Express

• Investigation status: The NIA confirms the terror-related investigation is ongoing but has not filed a closure report, leaving the final legal outcome unresolved.

The Indian Express

• Alleged activities: Claims of drone-training and a planned aircraft attack lack publicly disclosed evidence, creating a gap between the serious accusations and the current chargeable offences.

The Indian Express

The decision highlights the tension between constitutional travel rights and national security in terrorism cases. By allowing the accused to leave India while maintaining investigative oversight, the judiciary sets a precedent for handling foreign nationals charged under both immigration and anti-terror statutes.

The Indian Express