The Punjab & Haryana High Court has recently raised alarm over the increasing prevalence of immigration frauds, emphasizing the urgent need for a more stringent approach to combat such crimes. These fraudulent activities have reached a scale that poses a serious risk to both individuals and the integrity of the immigration system, according to the Court.
Justice Manjari Nehru Kaul, while addressing the matter, remarked, "Crimes involving immigration fraud have reached alarming proportions in recent years. Unsuspecting individuals are often lured with promises of overseas employment or education, and are made to part with substantial life savings."
The rise in immigration frauds has drawn widespread concern, as these illegal activities often involve organized rackets. The frauds are primarily orchestrated by agents and touts who exploit the lack of regulatory oversight in the immigration industry. Victims of these scams frequently find themselves deceived into paying large sums of money for promises of jobs or educational opportunities abroad, only to be left stranded, defrauded, or, in the worst-case scenario, entangled in legal issues in foreign countries.
The Court stressed that the scale of these fraudulent operations requires an immediate and stronger approach to protect individuals from such exploitation and deter criminals from furthering their illegal activities. It highlighted the urgent need for comprehensive laws and mechanisms to prevent these frauds, urging authorities to step up their vigilance and enforcement.
Justice Kaul, in her observations, noted that "This Court is conscious of the growing prevalence of such rackets and the urgent need to adopt a stringent approach to deter such conduct." This statement reflects the Court's firm stance against immigration fraud and its call for authorities to take decisive action.
The Court made these remarks during the hearing of an anticipatory bail plea filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving immigration fraud. The case involved the petitioner, Gurbir Singh, and his co-accused, who were accused of duping the complainant out of a significant amount of money. The fraud allegedly occurred under the guise of helping the complainant's son secure employment and immigration to the United Kingdom.
The counsel for Gurbir Singh argued that he was merely a travel agent involved in booking air tickets and not an immigration consultant or agent. Singh claimed he only introduced the complainant to Ramandeep Singh, a co-accused who supposedly ran a visa consultancy. Between December 2023 and June 2024, the complainant paid a sum of Rs.23,50,000 to the petitioner, which was transferred to the co-accused after Singh deducted his commission.
However, the Court found the allegations against Gurbir Singh to be serious and specific. It emphasized that Singh was not just an incidental player in the fraud but was actively involved in the financial transaction. The Court noted that the money-trail began and ended with Singh, and the ultimate goal of sending the complainant's son abroad had not been fulfilled.
After hearing the submissions from both sides, the Court observed that Singh's role was not limited to being a mere intermediary. The fact that he was the initial custodian of the money and actively participated in the financial transaction made him liable for the fraud.
Justice Kaul pointed out, "The submission made by the counsel for the petitioner that the petitioner acted only as an intermediary, does not absolve him of culpability, particularly when prima facie the money-trail begins and ends with him, and the end objective of sending the son of the complainant abroad, remained unfulfilled."
Based on these findings, the Court concluded that the petitioner could not evade investigation, stating that his active participation in the fraud meant he could not be granted anticipatory bail. The Court ruled that the applicant was not entitled to the extraordinary relief of anticipatory bail due to the seriousness of the allegations and his direct involvement in the fraudulent activities.
“Prima facie, the petitioner, having actively participated in the financial transaction and being the initial custodian of the defrauded amount, cannot be permitted to evade investigation,” the Court concluded.
The issue of immigration fraud has also been raised in previous judgments, underscoring the potential damage such activities can cause to both individuals and the nation’s reputation. In the case of Dilbagh Singh v. State of Punjab, the High Court observed that unchecked visa frauds could “tarnish the nation's reputation on a global scale and undermine the integrity and legality of immigration systems." The Court highlighted that when such fraud cases are reported, the concerned authorities must thoroughly verify the claims and ensure that the complainant’s credentials are legitimate.
This underscores the growing concerns regarding immigration rackets, and the Court's stance that preventive measures and strict action must be taken to protect the public and maintain the credibility of immigration systems.
The Punjab & Haryana High Court's recent observations shine a spotlight on the rising menace of immigration frauds. With individuals losing large sums of money and facing the risk of legal issues abroad, it has become increasingly clear that urgent measures need to be implemented to curb these fraudulent activities. The Court’s decision to refuse anticipatory bail in the Gurbir Singh case emphasizes the seriousness of the situation, and the broader message is clear: stricter deterrence is needed to prevent such crimes.
As the Court aptly pointed out, the modus operandi of immigration frauds requires immediate action, and those responsible must be held accountable to safeguard public interests and the integrity of the immigration process.
Mr. Kushagra Mahajan, Advocate for the petitioner.
Title: Gurbir Singh v. State of Punjab