Deportation From USA | P&H HC Directs State To Decide On Plea Against Fake Travel Agents, Seeking Establishing Of Emigration Check Posts In Punjab

The Punjab & Haryana High Court today directed the State authorities to decide representation within a month on a plea filed seeking action against fake travel agents and for establishing an immigration check post in Punjab to prevent illegal immigration from Punjab to United States of America via "donkey route” (illegal means).

Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal recommended the petitioner to file a representation before the appropriate authorities. The  Court also directed the authorities to pass a speaking order on the representation in 30 days and inform about the outcome of the same.

The plea was filed by Kanwal Pahul Singh, a practicing advocate who highlighted the recent incident of major deportation of residents of Punjab from America.

The Plea sought directions to respondents to take immediate and steps necessary measures for establishing Emigration Check Posts in all the districts of Punjab under Section 6 of the Emigration Act, 1983 in order to streamline the procedure for Emigration of 'intended Emigrants' or 'the Emigrants' from India to other countries and in order to prevent in future, the incident like recent major deportation of illegal immigrants of India by United States of America.

Singh submitted in the plea that deportation of illegal immigrants caused huge monetary loss in crores to the residents of Punjab. 

The direction was also sought to take immediate steps and necessary measures for upgrading of list of "Certified Recruiting Agents" and Permitted Employers established outside India' on its website.

During the hearing the hearing, counsel appearing for Punjab apprised the Court that the flight carrying illegal deportees landed in Amritsar airport but it is not the case that all the illegal immigrants were from Punjab. 

“The first flight which landed were carrying total 104 people, out of them 32 illegal immigrants  were from punjab and 32 from Haryana and rest from other states,” he added.

Senior standing Counsel for Union Government Dheeraj Jain submitted that the immigrants left India through legal means for european country on study and tourist visas and from there they illegally went to America.

He further apprised that Protector of Emigrants is only applicable only for immigrants who go on work visa but in the present case the deportees went to European countries on study or tourist visa.

After hearing the submissions, the bench recommended the petitioner to file a representation before the appropriate authorities raising the grievances which were put in the petition.

Consequently, the plea was disposed of.

Title: Kanwar Pahul Singh v UOI

Citation: 2025 LiveLaw (PH) 78