The Punjab and Haryana High Court has directed the Punjab government to take a decision on a plea seeking action against illegal travel agents who deceive people by sending them abroad through unlawful means. 

A bench comprising Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal issued the directive on Monday (February 17) while ruling on a public interest litigation (PIL). The PIL sought the establishment of “emigration check posts” in every district of the state, an updated list of “certified recruiting agents,” and stricter measures against unauthorised travel agents implicated in “human smuggling.”

The court instructed the petitioner, Advocate Kanwar Pahul Singh, to formally submit his plea to the relevant authorities, who must decide within a month. The bench observed that the issue fell under the jurisdiction of the competent authority as per the Emigration Act, 1983, and chose not to comment on the case's merits.

It noted, “The grievance alleged is of rampant illegal immigrants being sent abroad through illegal means in violation of certain provisions of the Emigration Act, 1983.”

The petitioner, representing himself, requested the Union of India and other authorities to establish emigration check posts under the Emigration Act, 1983. He argued that this would help streamline the migration process and prevent incidents like the recent deportation of illegal immigrants from the United States.

He also requested an updated list of certified recruiting agents. He approved foreign employers “in order to prevent people of Punjab from becoming the victim of such con/fake travel agents in future.”

Highlighting that the recent deportation of illegal Indian immigrants from the U.S. resulted in financial losses worth crores for the people of Punjab, he urged the court to take action against unlawful travel agents operating in the state under the Punjab Prevention of Human Smuggling Act, 2012.

“Direct respondents to identify, find and take immediate action against all ‘fake/con travel agents,’ who are not having a license to run business in the territory of State of Punjab,” he claimed.

Representing the Union government, the plea is opposed by Additional Solicitor General of India Satya Pal Jain and Advocate Dheeraj Jain.

Advocate Jain argued that many immigrants had initially travelled to European countries on study or tourist visas before illegally entering the United States.

He further stated that the Protector of Emigrants in Chandigarh had forwarded 127 complaints against fraudulent agents to the Punjab government for action over the past year. Of these, 57 complaints were directly filed by victims.

While disposing of the petition, the court instructed that the representation must be decided within 30 days. The court further ordered, “If done, within a period of 30 days, [the representation] shall be considered and decided by respondents…as expeditiously as possible by passing a speaking order, and the outcome shall be communicated to the petitioner.”

After the first group of 104 illegal Indian immigrants, consisting of 31 from Punjab, was deported from the US on February 5, the Punjab Police set up a special investigation team to look into illegal human trafficking.

Two more groups of deportees arrived on February 15 and 16, consisting of 116 and 112 individuals, respectively. The second group included 65 people from Punjab, while the third had 31.