Immigration is a hot sector for youth in Punjab as they all want to settle abroad and make quick bucks in dollor $$. But all that glitters is not gold. So one must be vigilant and wise while taking services from immigration firms, consultancies and agents situated in Punjab and Haryana and cities like Mohali that has become a major hub.
Now recently, Punjab Police has raided 50 premises of firms functioning illegally in Mohali. Let us know the case.
Facts of the recent Case
- Police in a major crack-down on immigration firms running illegally in Mohali raided 50 establishments across the district on Monday. In a day, 50 premises were raided and documents were being verified.
- The exercise was carried out following a number of complaints received from people duped on the pretext of sending them abroad. “Teams under 20 deputy superintendents of police (DSPs) conducted raids. We are in the process of scanning the records of these companies. Action will be taken against those operating illegally,” said HS Bhullar, senior superintendent of police, Mohali.
- Bhullar said he had been getting complaints from across Punjab as well as neighboring states against immigration firms operating Mohali. “On average, I receive 10 such complaints daily, which are marked to various police stations. These are in addition to the complaints lodged directly at the police stations.”
- Five people have been booked under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code for renting out their properties to immigration consultants without tenant verification. Investigations revealed that most consultants were operating from rented accommodations, said a senior cop. “The landlords neither get tenant verification done nor maintain proper documents, which help these fly-by-night firms to operate with impunity,” he said.
- An investigating official, who did not want to be named, said these firms take lump-sum payment and then start harassing the clients. “In many cases, the applications are not even filed. Once a police complaint is lodged, they offer to payback the money. The money is paid in installments, which stop after some time. By the time people approach police again, the accused shut their offices and flee,” he said.
- The Punjab Travel Professionals’ Regulations Rules, 2013, make it mandatory for all travel agents or those running ticketing or consultancy business to register with the government. The Act has a provision for a maximum of seven years of imprisonment and a fine up to Rs. 50,000 for any travel agent who violates this law.
Section 188 (Disobedience to order duly promulgated by public servant)
Section 188 of IPC is separated into two different paragraphs. It deals with certain acts of disobedience that are committed by the offenders against the orders passed by a public servant who is lawfully authorized to pass such orders.
According to Section188 of IPC, disobedience to the order promulgated by the public servant is an offense. The term ‘Promulgated’ means to make an order publically. However, the ways of pronouncing an order can be different. Such promulgation can be in terms of a judgment or as a publication in the official gazette.
As per the aforesaid section, if a person knows about an order which has been pronounced in public then he is bound to abide by it but despite that, if a person does not follow it, a person commits an offense under section 188 of IPC.
Following are the essentials to establish a crime under section 188 of IPC:
- There was the promulgation of an order
- The promulgation should have made by a public servant
- Public servant was legally empowered to make the promulgation
- Promulgation should be directed not to do certain things in connection with certain property in his possession or management
- Accused was aware of the promulgation
- Such promulgation was disobeyed by the accused
- Disobedience so committed has caused obstruction, annoyance, injury, or risk of the same to a person lawfully employed.
Punishment under Section 188 of IPC
Punishment in such cases differs on the basis of the gravity of the committed offense.
- In some cases depending on the facts and circumstances, where a person is advised to act in a manner or to abstain from a certain property and even after that if the person takes the possession of such property, which tends to cause injury to others, he is liable to imprisonment for a term of 1 month, or fine of Rs. 200 or both.
- It is also stated that where the act committed tends to cause harm to the human life or causes the situation of riots and affray, the offender is liable to imprisonment for a term of 6 months, or fine of Rs.1000, or both. Such an act is a Bailable and cognizable offense triable by any magistrate.
This section of The Indian Penal Code reads as under –
Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration: An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order and thereby causes danger of riot. A has committed the offense defined in this section.
For your specific case advice, you may contact top/best/expert Criminal Consumer Lawyers/Advocate in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur New Chandigarh.
This post is written by Dipti Prakash of Punjab University. Dial 99888-17966 for more info.