Immigration fraud under garb of consultancy amounts to organised human trafficking: HC
Holding that immigration frauds masquerading as consultancy services fall within the ambit of “organised human trafficking”, the Punjab and Haryana High Court has asserted that such rackets, preying upon desperation and dreams of unsuspecting citizens, warrant strict judicial scrutiny and deterrence.
“The offence in question does not merely involve financial deceit but strikes at the very fabric of social trust, involving elements of human trafficking and cross-border immigration fraud, which are not only grave in nature but also have far-reaching consequences on public order,” the High Court observed.
Justice Sumeet Goel was dealing with a case registered at a police station in Mansa district where a woman, working as a teacher, was accused of cheating a van driver of Rs 42 lakh under the false pretext of facilitating his son’s legal migration to the United States. The money was paid between July and August 2024 after she allegedly claimed her husband could arrange the travel. But instead of the US, the complainant’s son was routed through several countries under unsafe and perilous conditions before being detained in Panama and deported to India on November 20, 2024.
Describing such acts as “a part of a growing menace”, Justice Goel asserted these reflected not just criminal intent but also constituted a serious affront to human dignity and national interest. “Human trafficking under the garb of immigration consultancy is a growing menace which preys upon the desperation and dreams of unsuspecting citizens. The courts must remain vigilant and ensure that such rackets are not emboldened by leniency at the pre-trial stage,” Justice Goel held.
Referring to the allegations, the court observed: “The petitioner along with co-accused had defrauded the complainant of a substantial amount, i.e., Rs 42,00,000 under the false pretext of facilitating the legal migration of his son to the United States through agents which caused severe financial and emotional distress.”
Calling the offence part of a disturbing trend in the region, Justice Goel added: “These fraudulent activities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such organised deceit must be dealt with firmly and in accordance with the law, leaving no room for leniency.”
Before parting with the case, Justice Goel added custodial interrogation of the petitioner was necessary to establish the broader conspiracy and ensure effective recovery and verification of facts. There was no material on record at this stage to hold that the petitioner had been falsely implicated.
Quoting the Supreme Court judgment in State vs Anil Sharma, the High Court added, “Custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well-ensconced with a favourable order under Section 438 of the Code… Very often interrogation in such a condition would reduce to a mere ritual.”
Finding the material on record sufficient to establish a prima facie case, the High Court concluded that granting pre-arrest bail would impede effective investigation. The petition was accordingly dismissed.
Haryana Tribune