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The PIL emphasized the need for Emigration Check Posts to streamline the process for prospective emigrants and to prevent incidents of mass deportation, such as the recent deportation of illegal Indian immigrants by the United States, which had resulted in significant financial losses for the people of Punjab.
The Punjab and Haryana High Court, on Monday, dismissed a public interest litigation seeking urgent intervention to regulate and monitor the emigration process in the state of Punjab.
The bench of Chief Justice Sheel Nagu and Justice H.S.Grewal held, “It would be appropriate that the competent authority under the said Act (Emigration Act) of 1983 deals with the issues before this Court enters upon the process of adjudication”.
The petitioner, Kanwar Pahul Singh, sought the establishment of Emigration Check Posts (ECPs) in every district of Punjab under Section 6 of the Emigration Act, 1983. The petitioner urged the Government to update the list of certified recruiting agents and grant permits to employers established outside India on their official website.
This step, per the petitioner, will provide individuals with easy access to verified resources, ensuring the security of their emigration process and protecting them from fraudulent travel agents.
Additionally, the petition sought immediate action against unauthorized travel agents operating in Punjab without a valid license under Section 3 of the Punjab Prevention of Human Smuggling Act, 2012. The petitioner highlighted concerns regarding human smuggling and illegal trafficking through unregulated channels, commonly referred to as ‘Donkey routes’, and emphasized the need for stringent enforcement to safeguard the fundamental rights of innocent citizens.
The plea urged the government to 'identify, find and take immediate action against all 'Fake/Con Travel Agents', who are not having license to run Travel agent business in the territory of State of Punjab under Section 3 of Punjab Prevention of Human Smuggling Act, 2012 and running their fake offices or travel agent business in the territory of state of Punjab in order to ensure prevention of Human Smuggling or trafficking via Donkey routes by such agents and to protect Fundamental Rights of innocent people of State of Punjab'.
Upon hearing the matter, the court acknowledged the seriousness of the concerns but deemed it appropriate for the competent authority under the Emigration Act, 1983, to first address the issues raised. Consequently, the court directed Singh to submit a formal representation detailing the grievances within a period of 30 days.
Per a report by India Today, the controversy stemmed after footage was posted by the White House showing men in shackles—both handcuffed and chained at the ankles—being escorted by officers and boarding an aircraft. Later, three U.S. military aircraft landed in Amritsar, carrying 332 Indian immigrants deported from the U.S. The deportees complained of harsh conditions, including prolonged restraint and minimal access to food and restrooms during their flight.
For Respondents: Additional Solicitor General Satya Pal Jain, Senior Deputy Advocate General Salil Sabhlok with Advocate Dheeraj JainCase Title: Kanwar Pahul Singh v Union (2025:PHHC:022644-DB)
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