HC: Immigration rackets affront public confidence; deterrence needed

(MOGA, PUNJAB) The Punjab and Haryana High Court has issued a sharp warning against immigration rackets, calling them an affront to public confidence and refusing anticipatory bail to a Moga resident accused of helping run a Rs 26 lakh Canada work visa scam that left an entire family facing a five-year immigration ban from Canada.

Justice Sumeet Goel of the High Court rejected the anticipatory bail plea of Gouri Sharma, who is facing cheating and fraud charges under the Bharatiya Nyaya Sanhita and the Immigration Act in a case registered at Kot Ise Khan police station in Moga district.

The judge said offences linked to organized immigration fraud demand a firm and principled response, especially when families are pushed into long-term trouble abroad based on forged documents and false promises of easy foreign jobs.

Complaint and alleged modus operandi

The case centers on a complaint filed by Moga resident Gurwinder Singh Maan. He told police that he, his wife, and their daughters were lured by an online advertisement claiming to offer “payment-after-permit” Canadian work visas.

According to the First Information Report (FIR):

• Maan contacted an office in Moga operating under the name “The Victoria Immigration Service”.
• Staff allegedly assured him the entire family could secure Canadian work permits in return for Rs 26 lakh.
• The money was allegedly paid in full through RTGS and other online transfers, which the court said suggested planning and coordination rather than a casual or one-off dispute.

Investigators allege that after taking the money, those involved provided the family with forged “passport request” documents made to look like they came from Canadian immigration authorities. When the family checked application status through official channels, they discovered no such request had been issued by Canadian officials.

Making matters worse, Canadian authorities reportedly treated the forged submissions as a serious misrepresentation, leading to a five-year bar on future applications by every member of the family.

Court’s observations and reasoning

Justice Goel expressed deep concern about how immigration rackets prey on hope and desperation. He wrote:

“The act of fraudulently inducing individuals into believing that legitimate pathways for foreign migration are available and thereby causing them to suffer economic loss, legal consequences abroad, and reputational damage reflects serious criminal intent and constitutes an affront to public confidence. Such offences necessitate a strong and principled judicial response to prevent their recurrence.”

He emphasized that when forged documents are created and then pushed into foreign immigration systems, the damage affects victims and the reputation of the country the applicants come from.

The court found the material on record pointed to a serious, organized immigration fraud, not a simple misunderstanding. The FIR describes multiple sequential steps:

1. A targeted social media advertisement.
2. Use of a formal-sounding name like “The Victoria Immigration Service.”
3. Personal assurances about Canadian work permits.
4. Large online transfers of money.
5. Creation of fake “passport request” papers intended to delay detection.

Justice Goel noted this chain suggested a coordinated network possibly extending beyond a single office or individual, and said investigators need space to probe that network properly.

Defence submissions and court response

Gouri Sharma’s lawyers argued for anticipatory bail on the following grounds:

• No money trail led directly to Sharma’s personal bank accounts.
• The complaint did not spell out a clear, specific role for him in every stage of the alleged fraud.
• In the absence of a direct monetary link, custodial interrogation was unnecessary and Sharma could cooperate while remaining at liberty.
• The defence characterized the matter as a business dispute over services not delivered on time, rather than an organized scam.

The High Court firmly rejected these points. Key reasons included:

• A lack of direct transfer to one suspect’s account does not automatically weaken the case or eliminate the need for custodial questioning in organized frauds.
• The court relied on Supreme Court rulings that custodial interrogation can be essential in economic crimes and frauds where documents, devices, passwords, and identities of partners or agents may be hidden.
• Early pre-arrest bail can embolden criminal groups, allowing them to continue exploiting vulnerable people seeking foreign jobs or visas with little fear of consequences.

Justice Goel warned courts must avoid sending a message that participants in complex immigration frauds can easily secure anticipatory bail and then influence witnesses or destroy electronic evidence.

Wider context and implications

According to analysis by VisaVerge.com, Indian courts have shown growing concern about scams tied to foreign work permits and study visas, especially in states like Punjab where many young people aim to move abroad. The Moga case fits a pattern investigators say they have seen in several districts: a promise of foreign opportunity, a professional-looking front, and forged documents resulting in long-term bans.

For the Maan family, consequences are serious and lasting:

• Financial loss: Rs 26 lakh.
• Immigration record: a five-year bar in Canadian immigration records that affects work, study, and visitor applications.
• Practical impact: harder travel and fewer opportunities for at least five years.

Canadian immigration authorities regularly warn applicants that they are responsible for all documents filed in their name, even if an agent prepared them. The government’s guidance can be found here: Canada’s immigration fraud protection page.

In practice, victims of immigration rackets often end up punished alongside the scammers who misled them.

Legal and social consequences

Lawyers following such cases say the High Court’s language is likely to be cited in future bail hearings involving immigration fraud. By framing these schemes as threats to public confidence and international reputation, the court has:

• Given police and prosecutors stronger grounds to oppose anticipatory bail for suspected network members.
• Sent a warning to unlicensed agents and local “visa offices” that casual deals over tea or WhatsApp, backed by flashy promises of “payment-after-permit”, may be treated as serious crimes rather than small-time cheating.

Practical advice for applicants

For families and individuals considering foreign work or study offers, officials and advocates recommend:

• Verify whether an immigration consultant is properly registered.
• Demand written contracts detailing services, fees, and timelines.
• Verify any purported communication from a foreign government through official websites rather than trusting emails or screenshots from an agent.
• Be particularly cautious of offers featuring payment-after-permit guarantees or pressure to transfer large sums quickly.

In Moga, the professional appearance and name “The Victoria Immigration Service” reportedly gave the complainant family a false sense of safety, making the eventual Canadian ban all the more painful.

Current status

The investigation at Kot Ise Khan police station continues. The High Court’s refusal to grant anticipatory bail to Gouri Sharma underscores a wider shift: courts are increasingly viewing immigration rackets with heightened seriousness, and pretrial leniency will be difficult to obtain for those accused of profiting from others’ aspirations to go abroad.