The Punjab and Haryana High Court has taken a stern stance against organized immigration fraud, refusing to grant anticipatory bail to an accused in a case involving a Rs 26-lakh scam that promised Canadian work permits. The court emphasized that such deceptive schemes, which exploit individuals with forged documents, require strict judicial scrutiny and a deterrent approach to prevent their proliferation.
The Court's Firm Stand Against Fraud
Justice Sumeet Goel dismissed the anticipatory bail plea filed by Gouri Sharma, a resident of Moga. Sharma faces charges of cheating and fraud under the Bharatiya Nyaya Sanhita (BNS) and the Immigration Act at the Kot Ise Khan police station in Moga district. The court observed that the judiciary must remain vigilant to ensure that such criminal networks are not emboldened by any pretrial leniency.
In its order, the bench stated that "fraudulently inducing individuals into believing that legitimate pathways for foreign migration are available" causes not just economic loss but also severe legal consequences and reputational damage abroad. The court deemed this a serious criminal affront to public confidence that necessitates a strong and principled judicial response to prevent recurrence.
Details of the Moga Family's Ordeal
The case originated from a First Information Report (FIR) filed by complainant Gurwinder Singh Maan. According to the FIR, Maan, along with his wife and daughters, responded to a social media advertisement promoting "payment-after-permit" Canadian work visas. The family contacted an agency called "The Victoria Immigration Service" in Moga, where the accused, including petitioner Gouri Sharma, allegedly assured them of securing work permits for a total of Rs 26 lakh.
The complainant transferred the entire amount through RTGS and online payments. Subsequently, the family received what appeared to be "passport request" documents. However, upon verification, they discovered the documents were forged and no such request had been made by Canadian authorities. The submission of these forged documents to foreign officials resulted in a devastating outcome: the entire family was slapped with a five-year immigration ban by Canada.
Custodial Interrogation Deemed Essential
In his bail plea, Gouri Sharma argued that no specific role was attributed to him and that no funds were transferred directly to his accounts, claiming he was merely associated with the co-accused. The state counsel, however, strongly opposed the plea. They contended that the case involved a large-scale organized scam and that the petitioner's custodial interrogation was crucial to trace the complex money trail and uncover the full extent of the conspiracy.
After hearing both sides, the High Court agreed with the prosecution. The bench noted that the FIR disclosed a serious, organized immigration fraud operation that targeted vulnerable individuals and involved the creation of forged documents submitted to foreign authorities. Citing relevant Supreme Court rulings, the High Court recorded that custodial interrogation is often essential for unearthing concealed evidence in such intricate conspiracies. The court concluded that the scam led to significant financial loss and severe immigration consequences for the victims, justifying the denial of pre-arrest bail.
