HC directs petitioner to approach authorities on PIL seeking emigration check posts in Punjab
The Punjab and Haryana High Court has disposed of a public interest litigation (PIL) seeking the establishment of Emigration Check Posts (ECPs) across all districts of Punjab under the Emigration Act, 1983, and measures to curb illegal migration. The court directed the petitioner to submit a representation to the competent authority, which would decide the issue within 30 days through a speaking order.
“The petitioner is directed to prefer representation raising all the grievances, which if done within the period of 30 days shall be considered and decided by the respondents as expeditiously as possible by passing a speaking order and the outcome can be shall be communicated to the petitioner,” the Bench asserted.
The PIL, filed by petitioner Kanwar Pahul Singh, sought multiple directions to streamline the emigration process and prevent illegal migration, particularly in light of recent mass deportations of illegal Indian immigrants by the United States, which caused significant financial losses to people in Punjab.
The petitioner specifically sought directions to the Union of India and other respondents to establish Emigration Check Posts in all districts of Punjab to regulate emigration procedures and prevent future incidents of mass deportations. Directions were also sought to upgrade and publish the list of Certified Recruiting Agents and Permitted Employers outside India on the official website to facilitate safe emigration and protect people from fraudulent travel agents.
Action was also sought against unauthorized travel agents operating illegally in Punjab under the Punjab Prevention of Human Smuggling Act, 2012, to curb human smuggling via illegal ‘donkey routes’.
The Division Bench of Chief Justice Sheel Nagu and Justice HS Grewal observed that it would be appropriate for the competent authority under the Emigration Act to first address the issues raised before the court intervenes.
