Observe that visa fraud, if left unchecked, could “tarnish the nation’s reputation globally and undermine the integrity and legality of immigration systems, where headwinds can already be felt“, the Punjab and Haryana High Court said that when such a case is registered, the concerned agency must verify the claim and the identifying details of the complainant.

Justice Anoop Chitkara in his order he said: “Whenever an FIR is registered on allegations of visa fraud or enticement to send abroad, law enforcement agencies must verify the credentials of the complainant, including passport, immigration status visa, diplomas and claimed professional skills. The investigation must catalog and attach photocopies or digital scans of all relevant documents while returning the original documents, such as passport, etc., to the complainant. The bank accounts in which the money was received must be frozen in the amount credited as a deduction. False accusations must also be judged“.

The court further said that the Director Generals of Police of the states of Punjab, Haryana and the Union Territory of Chandigarh shall issue general directions to all concerned by January 15, 2025.

The Court noted that “the alarming escalation of cases of visa fraud, in which individuals are duped into parting with substantial sums of money under the guise of obtaining visas or work permits by pretending to have contacts and knowledge with embassy officials, reveals a disturbing undercurrent in immigration crime.“.

He adds that often the victims themselves, complicit in their own exploitation, resort to unethical and questionable means to obtain travel or employment opportunities, only to cry foul when they are preyed upon. fraudulent schemes.

“This situation is reminiscent of the proverbial “kettle calling the pot black,” where those who engage in questionable behavior themselves seek to shift blame to others when they become victims. While these individuals may indeed be guilty of their own errors of judgment, this should not exonerate the fraudsters who orchestrate these deceptive operations.“, observed the Court.

The judge emphasized that the “perpetrators must be held accountable in accordance with the law and brought to justice, regardless of the victim’s participation in their own victimization. It is imperative that investigating authorities take a rigorous and comprehensive approach to investigating allegations of fraud involving large sums of money exchanged under the pretext of obtaining visas or permits.“.

He also stressed that visa thugs, who often pose as legitimate agents or have close ties to embassy officials, must be meticulously investigated. Failure to address this growing phenomenon risks normalizing such fraudulent practices, and potentially reviving criminal practices reminiscent of thugee, an organized historical network operating in secrecy, exploitation and manipulation of its victims, adds- he.

He then emphasized: “If these fraudulent activities are left unchecked, there is a tangible possibility of a resurgence of these nefarious operations, a phenomenon that could tarnish the nation’s reputation globally and undermine the integrity and legality of the country’s security systems. immigration, where we can already feel the headwinds. …In the spirit of fairness, it is crucial that law enforcement conducts these investigations with due diligence, ensuring that the integrity of the judicial process is maintained. Such rigor is essential to protect legitimate victims of visa fraud and prevent the abuse of the justice system by those seeking to resolve financial disputes under false pretenses. In doing so, law enforcement will maintain public trust and ensure that justice is served without bias or prejudice.“.

The law should not be manipulated as a tool for financial recovery

The High Court also warned that it was crucial to tackle the dangers of false accusations, often fabricated to recover loans or settle financial scores.

“In such cases, an investigation must be undertaken to distinguish between genuine fraud and unfounded allegations, which must be carefully detailed. That the law not be manipulated as a tool for financial recovery“, he added.

The judge said that in the spirit of fairness, it is crucial that law enforcement agencies conduct these investigations with due diligence, thereby ensuring that the integrity of the legal process is maintained.

“Such rigor is essential to protect legitimate victims of visa fraud and prevent the abuse of the justice system by those seeking to resolve financial disputes under false pretenses. In doing so, law enforcement will maintain public trust and ensure that justice is served without prejudice or bias.” added the Court.

These observations were made while granting pre-arrest bail to a man accused of offenses under sections 406 (criminal breach of trust), 420 (cheating), 120-B (criminal conspiracy) IPC and Section 13 (Penalties) of the Punjab Travel Professional (Regulation) Act, 2014 to take Rs. 30 Lakh from the complainants on the pretext of sending their son abroad.

The complainant alleged that a fake visa was issued, but the copy of the same was not attached to the response and no specific explanation was given.

On the other hand, the petitioner said that he was falsely implicated in the case and the FIR was filed after 2 years.

“Analysis of the position of the petitioner, missing copy of the alleged fake visa and passport details in the reply and delay in the FIR are crucial factors.“, noted the Court.

He added that the investigation “is silent on the position of the petitioner.”

He also observed that if the position of the petitioner was found to be correct upon further investigation, it would certainly indicate a dangerous tendency towards false innuendo in concocting allegations of Visa fraud.

“Taking into account the above, the criminal provisions invoked, combined with the primafacie analysis of the nature of the allegations and other factors specific to this case, there would be no justification for custodial interrogation or incarceration before the trial at this stage. Without commenting on the merits of the case, taking into account the facts and circumstances specific to this case, and for the reasons mentioned above, the applicant pleads in favor of release on bail.“, the court said.

Granting the petitioner bail before his arrest, the court, however, directed the petitioner to join the investigation within seven days of the High Court’s order being posted on the official webpage of the High Court and at the request of the investigator.

Imposing certain conditions, the court further ordered: “The applicant will join the investigation as and when called upon by the investigating officer or any superior officer and cooperate with the investigation at all subsequent stages as required. In the event of failure, the public prosecutor’s office may request the cancellation of the deposit. During the investigation, the applicant must not be subjected to indecent remarks, inhumane treatment, etc.“.

It also said that the applicant shall comply with all statutory bail conditions and appear before the relevant court(s) on all dates and shall not tamper with evidence, influence, intimidate, pressure, induce, threaten or promise, directly or indirectly, any witness, police officer or any other person knowing the facts and circumstances of the case or dissuade them from disclosing such facts to the police or the court

Case Title: Dilbagh Singh v. Punjab State

Counsel for the petitioner: lawyer Liaqat Ali

State Advisor: AAG, Punjab Akshay Kumar,

Lawyer for Defendant 2: Lawyer Amit Dhawan

Click here to read/download the order