Luthra Brothers To Be Deported: How Is It Different From Extradition?

The Luthra brothers - who fled to Thailand while their Goa nightclub, 'Birch by Romeo Lane', burned down last week, killing 25 people - have been detained in that country, sources told NDTV Thursday.

Sources said this morning that a Goa Police team will leave for Thailand in 24-36 hours in anticipation of the Thai government deporting Saurabh and Gaurav Luthra, who should be back in India shortly.

They fled India on a Saturday morning IndiGo flight to Phuket; initial inquiries indicate tickets were bought from aggregator MakeMyTrip at 1.17 am, as firefighters were battling the blaze.

Located swiftly – photographs emerged of Gaurav Luthra at Phuket airport – they have since asked a Delhi court for protection from arrest, arguing they cannot face criminal liability as they were not present when the fire broke. They also sought four weeks' transit anticipatory bail, which was refused.

Meanwhile, the government has also suspended the brothers' passports, meaning they cannot leave Thailand – with whom India has an extradition treaty – even if they were free to do so.

Luthra brothers: deportation or extradition?

India and Thailand signed an extradition treaty in 2013, under the terms of which Bangkok is obliged to send the Luthra brothers back if the charges they face carry a minimum jail term of a year.

The main (at this time) charge Saurabh and Gaurav Luthra face is culpable homicide not amounting to murder, which carries a minimum sentence of five years.

That satisfies the main operational criteria of the 2013 treaty.

Therefore, one option is to activate relevant provisions of the treaty.

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.

Also, attempts to extradite other wanted individuals - Nirav Modi and Vijay Mallya from the United Kingdom, Mehul Choksi from Belgium, and Dawood Ibrahim from Pakistan - have rumbled on for years.

READ | Goa Nightclub Owners On Interpol List. These Are The Other Indians On It

So, can they be deported?

Yes, and that is most likely what will happen.

Deportation and extradition are not the same thing, though in both cases a state ejects a foreigner.

In the former case a host country, India, for example, can remove foreigners living illegally in its territories. In the latter, as in this case, for instance, India would have to prove to the Thai authorities that its nationals - the Luthra brothers - committed acts viewed as criminal by both governments.

The difference is in the legal minutiae.

Deportation is typically an immigration measure; i.e., a country exercises its sovereign power to remove a foreign national. This typically happens when a foreigner violates the laws of the host country.

And have the Luthra brothers broken Thai laws? Yes, although not by their own actions.

READ | How Centre Used Passport Law To Corner Luthra Brothers In Thailand

Suspension of their passports means Saurabh and Gaurav Luthra are in Phuket without valid travel documents, which is an offence under Thailand's immigration laws. They can, therefore, be removed as 'undocumented foreigners', which will likely be a quicker route back to India to face trial.

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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