The Passport Puzzle: How Luthra Brothers' India Deportation Was Delayed

Deportation of the Luthra brothers from Thailand – to face charges of culpable homicide not amounting to murder after 25 people were killed in a fire at their Goa nightclub, 'Birch by Romeo Lane', on December 6 – could be delayed by 48 to 72 hours, sources told NDTV Friday morning.

The delay is because the government's move to suspend the brothers' passports – to ensure they do not escape from Thailand to a third country and, potentially, go into hiding underground – has now left them without valid travel documents and no way to legally leave that country.

Sources told NDTV Thai authorities take a grim view of foreigners travelling without passports or those who overstay their visas, though there are extenuating circumstances in this instance.

Sans passports, the brothers must now be issued an 'outpass', or an Emergency Travel Certificate by the Indian embassy in Bangkok, and that could take up to 36 hours.

The process of generating and validating an 'outpass' requires co-ordination between the External Affairs Ministry and the Thai government, extending to legal formalities that include establishing the individual's identity and, in this case, the brothers' fugitive status.

READ | Luthra Brothers' Deportation Begins. How They Are Being Brought To India

This means the Indian government cannot generate the temporary passport till its Thai counterpart completes the required paperwork. And, even after an 'outpass' is generated – one each for Gaurav and Saurabh Luthra – Thai immigration officials must complete a second round of paperwork, this time to transfer custody to the Goa Police team that will be sent to Bangkok.

It is, therefore, unlikely they will land in India before Monday.

Saurabh and Gaurav Luthra fled to Phuket in southern Thailand on the morning of December 6; they booked tickets at 1.17 am, while their club was still burning, the police told a Delhi court.

They were spotted on arrival; a photograph of Gaurav Luthra clearing immigrations soon went viral. The Indian government then reached out to its Thai counterpart – backed by a Blue Corner notice from Interpol – and began the process to bring the Luthra brothers back to face trial.

India and Thailand signed an extradition treaty in 2013, under the terms of which Bangkok is obliged to send the brothers back if they face a minimum one-year jail term, which they do; under Indian law culpable homicide not amounting to murder has a five-year minimum term.

But typically this involves a formal request and proving 'double criminality', i.e., present evidence to a Thai court that says the accused is guilty of a crime punishable by both Indian and Thai laws. And this could take time.

NDTV Explains | Luthras To Be Deported: How Is It Different From Extradition?

As a result, the Indian government opted for the deportation route instead, which, theoretically, would have meant the brothers could have been brought back within 24 hours. Unfortunately, the move to suspend their passports – necessary then – has thrown a temporary roadblock.

Goa nightclub fire

Meanwhile, the investigation so far has uncovered a number of worrying details, including the widespread of use of flammable material, the lack of fire exits, and the absence of fire extinguishers.

READ | Goa Nightclub Where 25 Died Built Like Tinderbox. Crackers Lit Fuse

Also, the club did not have a broad-enough entrance for fire-fighting vehicles to approach the main structure; firefighters said they had to park 400 metres away, which complicated rescue efforts and may have led to some of the deaths. Investigators also found the club did not have a fire safety clearance.

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