'Alarming Escalation': Punjab & Haryana High Court Lays Down Guidelines For Curbing VISA Fraud & False Implications

Observing that visa fraud if left unchecked could "tarnish the nation's reputation on a global scale and undermine the integrity and legality of immigration systems, where one can already feel the headwinds," the Punjab & Haryana High Court said that when such a case is registered the concerned agency must verify the claim and the complainant's credentials. The Court said, "whenever an FIR is registered on the allegations of Visa fraud or allurement to send abroad, the law enforcement agencies must verify the complainant's credentials, including their passport, visa status, educational qualifications, and claimed professional skills. The investigation should catalog and attach photocopies or digital scans of all relevant documentation while returning the original materials, like Passport, etc., to the complainant. The bank accounts in which the money was received must be frozen to the extent of the amount credited as a trail of allurement. False accusations must also be put to trial."The court further said that Director Generals of Police for the States of Punjab, Haryana, and the Union Territory of Chandigarh must issue general directions to all concerned by January 15, 2025.The Court noted that "the alarming escalation of visa fraud cases, in which individuals are deceived into parting with substantial sums of money under the guise of securing visas or job permits by claiming contacts and acquaintances with the embassy officials, reveals a disturbing undercurrent in the realm of immigration crime."It added that often, the victims themselves, complicit in their own exploitation, resort to unethical and dubious means to secure travel or employment opportunities, only to later cry foul when they fall prey to fraudulent schemes."This situation is not unlike the proverbial "kettle calling the pot black," where those who themselves engage in questionable conduct seek to shift the blame onto others when they become victims. While these individuals may indeed be guilty of their own lapses in judgment, this should not exonerate the fraudsters who orchestrate these deceitful operations," the Court observed.The judge emphasised that the "perpetrators must be held accountable under the law and brought to justice, irrespective of the victim's participation in their own victimization. It is imperative for investigative authorities to adopt a rigorous and comprehensive approach in probing allegations of fraud involving significant sums of money exchanged under the pretense of securing visas or permits."It also highlighted that the Visa-thugs, often masquerading as legitimate agents or portraying closeness and connections with the Embassy officials, must be subjected to meticulous investigation. A failure to confront this growing phenomenon risks normalizing such fraudulent practices, potentially reviving criminal practices reminiscent of thugee, an organized historical network operating with secrecy, exploitation, and manipulation of its victims, it added. It thereafter underscored, "If these fraudulent activities are left unchecked, there exists a tangible possibility of a resurgence of such nefarious operations, a phenomenon that could tarnish the nation's reputation on a global scale and undermine the integrity and legality of immigration systems, where one 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 legal process is maintained. Such thoroughness is essential for protecting legitimate victims of visa fraud and preventing the misuse of the justice system by those seeking to settle financial disputes under false pretenses. In doing so, law enforcement will uphold the trust of the public and ensure that justice is served without prejudice or bias". Law Must Not Be Manipulated As A Tool For Financial Recovery The High Court also cautioned that addressing the dangers of false accusations, often fabricated to recover loans or settle financial scores, is crucial."In such cases, an investigation must be undertaken to distinguish between genuine fraud and baseless claims, which should be painstakingly detailed. Let the law not be manipulated as a tool for financial recovery," it added.The judge said that in the spirit of fairness, it is crucial that law enforcement conducts these investigations with due diligence, ensuring that the integrity of the legal process is maintained."Such thoroughness is essential for protecting legitimate victims of visa fraud and preventing the misuse of the justice system by those seeking to settle financial disputes under false pretenses. In doing so, law enforcement will uphold the trust of the public 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 offences under Sections 406(criminal breach of trust), 420(cheating), 120-B(criminal conspiracy) IPC...

'Alarming Escalation': Punjab & Haryana High Court Lays Down Guidelines For Curbing VISA Fraud & False Implications

Aiman J. Chishti

Tags