Raising concerns over visa fraud, which, if left unchecked, “could tarnish the reputation of the nation globally”, the Punjab and Haryana High Court asked the Director General of Police (DGP) of Punjab, Haryana and Chandigarh to issue general instructions. All concerned by January 25, to address “the dangers of false accusations, often made to recover debts or settle financial scores”.
The High Court has held that perfection is necessary to protect legitimate victims of visa fraud and to prevent abuse of the justice system by those seeking to settle financial disputes under pretense.
Accused Dilbagh Singh approached the High Court seeking anticipatory bail. A complaint was filed against Dilbagh for taking Rs 30 lakh from the complainant Sunil Bhatia on the pretext of sending his son to Canada, neither the son was sent abroad nor the above amount was returned.
While hearing the case, the High Court said, “The investigation is silent on the stand of the petitioner. If the petitioner’s position is found to be correct after further investigation, it certainly points to a dangerous trend of falsely leading to allegations of visa fraud.”
The court said that an analysis of the stand of the petitioner, the alleged fake visa and missing copy of the passport details in the reply, and the delay in the FIR were important factors, leading to the granting of anticipatory bail to the accused.
Before parting with the order, the high court said, “It is necessary to protect the dignity of our nation and the dignity of the people and to sensitize the system.” The court asserted, “An alarming increase Visa fraud Cases where individuals are tricked into withdrawing large sums of money under the guise of visas or work permits by claiming contacts and acquaintances with embassy officials reveal an alarming undercurrent in the scope of immigration crime. Often, victims themselves, complicit in their exploitation, use unethical and dubious means to secure travel or employment opportunities, later crying foul when they fall prey to fraudulent schemes. This situation is not unlike the proverbial “kettle called black,” where those who themselves engage in questionable conduct seek to shift the blame to others when they suffer.
“The perpetrators must be held accountable under the law and brought to justice, taking into account the participation of the victim and the perpetrator. Investigating authorities should take a strict and comprehensive approach to investigate allegations of fraud involving the exchange of significant sums of money on the pretext of securing visas or permits. These visa-swindlers, often masquerading as legitimate agents or portraying closeness and ties to embassy officials, should be subject to careful investigation. Failure to confront this growing phenomenon risks normalizing such fraudulent practices, potentially reviving criminal practices reminiscent of Thugi, an organized historical network that operates with secrecy, exploitation and manipulation of its victims. If these fraudulent activities are ignored, there is a solid possibility of a resurgence of such heinous acts, an event that can tarnish the nation’s reputation at the global level and undermine the integrity and legitimacy of the immigration system, where one can already feel the headwinds. “, the HC said.
In the spirit of fairness, law enforcement must conduct these investigations with due diligence, ensuring the integrity of the legal process. Such elaboration is necessary to protect legitimate victims of visa fraud and to prevent abuse of the justice system by those seeking to settle financial disputes under pretext. By doing so, law enforcement maintains public confidence and ensures that justice is dispensed without prejudice or bias, the high court said.
“Whenever an FIR is filed on charges of visa fraud or extortion, law enforcement agencies must verify evidence including the complainant’s passport, visa status, educational qualifications, and claimed professional skills. The inquiry should list and attach photocopies or digital scans of all relevant documents while returning the original materials like passport etc. to the complainant. The bank accounts from which the money is received should be frozen to the extent of the amount deposited as a trail of greed. False allegations should also be tried,” the high court said.