The Luthras, caught in Thailand and set to be deported, made “lynching” claim, cited bulldozer action, in anticipatory bail plea before a court in Rohini, Delhi

The Luthra brothers, Gaurav (44) and Saurabh (40), expressed fears of being “lynched in Goa” in their bail application, while the police in the beach state charged them with murder among other offences for the fire that took 25 lives at their nightclub, Birch by Romeo Lane, in North Goa's Arpora village last Saturday.

They made the “lynching” claim in their anticipatory bail plea before the court in Rohini, Delhi, which was rejected by additional sessions judge Vandana on Thursday, December 11. “The nature of offence, prima facie, is grave and serious in nature,” the court noted.

The brothers have been detained in Thailand, to where they fled just hours after the fire, and are set to be deported soon.

Represented by senior advocates Sidharth Luthra and Tanvir Ahmed Mir, they sought a four-week transit anticipatory bail, arguing that there was imminent threat to their safety on returning to India and they wanted bail only to approach courts in Goa for further relief.

Owners of the Romeo Lane chain of pubs, cafes, and nightclubs, the Luthras also cited the bulldozer action against their other properties in Goa after the fire tragedy as proof that they could treated unfairly by the authorities.

“There is a direct threat to my safety. I will be lynched in Goa. My other restaurants have been bulldozed straight away…We will join the investigation…I shall be prosecuted but not persecuted," argued one of the brothers, through their lawyer, in the Rohini court.

Urging the court not to “punish them at the threshold”, their lawyer said the brothers had approached the Delhi court at the earliest opportunity and would join the probe without delay. “If I land in India tonight and the investigating officer tells me to appear at midnight, I will be there,” the lawyer, speaking for the client, said.

Facts about escape to Phuket 'concealed'

The judge noted that documents regarding the flight taken by the accused persons showed that the tickets to Phuket were booked on December 7 at 1.17 am and the flight departed at 5.20 am the same day.

This fact was “concealed”, and their lawyer instead stated that they had left for Thailand before the massive fire, the judge said.

The fire had started just before midnight, which means the brothers planned and executed their trip to Thailand after learning of the incident, reports have noted.

Documents filed along with the application show the licence agreement, trade licence and lease deed had already expired for the nightclub, the court also noted.

Judge Vandana trashed the argument of medical grounds — “a seizure disorder” and hypertension — cited in Gaurav Luthra's plea. "The medical documents are old documents which do not reflect any serious medical conditions, which may entitle the applicant to the (interim) relief,” the court said.

No ‘immediate danger’: Why court rejected bail

Rejecting the argument about there being an “immediate threat” to their lives, the court said, “The action taken by the investigating authority or by the court, as per law, cannot be said to be an apprehension of threat to life.”

It essentially trashed the claim that they would face “irremediable and irreversible prejudice” if denied bail.

"Without expressing any opinion on the merits or veracity of the allegations, this court finds no ground to entertain the present application(s) seeking transit anticipatory bail and to suspend the look out notice (LOC)," the judge ruled.

The court also clarified that the Luthra brothers were at liberty to approach the competent court having jurisdiction over the matter for seeking appropriate relief, in accordance with the law. That means a court in Goa.

Action in Goa after Arpora fire

The State of Goa counsel told the Delhi court: “They left, they concealed, and they are now seeking leniency.” Referring to judicial observations, he said: “Once it is shown that a person is attempting to evade the process of law, the court should not come to his aid at all.”

In Goa, the administration continued its drive against illegalities at nightclubs and other tourism establishments, sealing 'Goya The Night Club' at Vagator on the grounds that it had been constructed on agricultural land. That club is not owned by the Luthras.

The state also banned the use of fireworks, sparklers, pyrotechnic effects, flame thrower-type devices, smoke generators and similar equipment inside tourist establishments.

Fireworks were said to have caused the blaze at Birch by Romeo Lane.

As for the charges against the Luthras, the Goa police said the two brothers are accused of “injury causing death, manslaughter and murder” by organising a fire show “without taking proper care and caution and without providing fire safety equipment, other safety gadgets".

Deportation likely soon

According to officials, their deportation has been initiated, and the two would be brought to India after completion of exit formalities in Thailand.

As soon as the news of the detention of the Luthra brothers emerged, pictures with handcuffs holding their passports started appearing on social media.

In New Delhi, Union minister Shripad Naik, who is from Goa, told reporters outside Parliament, “yes, both of them are arrested”, and wondered why they ran away when such a big tragedy had happened.

Chief minister Pramod Sawant told reporters in Panaji that a team of Goa Police and CBI would bring the Luthra brothers back to India "as soon as possible".

In a related development, a Goa court on Thursday remanded Ajay Gupta, a partner in the fire-ravaged nightclub, to seven days of police custody.

As he was being escorted by police, Gupta told reporters he had no operational role in the facility. “I don’t know anything. I have no involvement. I was a sleeping partner and had no say in the operations of the club,” he said, as per news agency PTI.Besides him, the police have arrested five managers and staff members of the nightclub.