The Luthra brothers – restauranteurs facing culpable homicide charges over the death of 25 people at their Goa nightclub last week – were denied bail by a Delhi court Thursday evening.
The brothers are currently in Thailand government custody pending deportation to India; they will be brought from Phuket to capital Bangkok to complete processing formalities.
Saurabh and Gaurav Luthra fled India early Saturday; police said they booked tickets on an IndiGo flight to Phuket at 1.17 am, even as firefighters were struggling to put out the fire at 'Birch by Romeo Lane', their flagship property built in the middle of a lake in Goa's Arpora town.
On Wednesday they filed a petition seeking immediate interim protection from arrest – which was promptly denied – and anticipatory transit bail, which has now also been refused.
In today's arguments the Luthra's lawyer declared the brothers too are "also human" and appeared to seek sympathy on grounds they provide employment to thousands of people.
Senior advocate Tanveer Ahmed Mir, appearing for the brothers, also pointed out his clients were not present when the fire broke out and, therefore, could not be held criminally liable. The brothers, he said, had multiple businesses and do not personally oversee day-to-day concerns.
He argued the deaths were the result of 'negligence' – a stray flame from a pyrotechnics performance was blamed for the fire – and lacked 'intention' by the brothers.
That the club holds all necessary permits, including food safety and for sale of liquor, was also pointed out, though NDTV understands it did not comply with fire safety regulations, which include ensuring ease of access to emergency personnel and fire extinguishers.
Mir also declared the brothers had not fled the country after 'a fraud of Rs 5,000 crore' – a sly reference to fugitive economic offenders sheltering abroad with debts of thousands of crores.
The prosecution countered by pointing to the circumstances in which the Luthra brothers left the country – tickets were booked hours before departure and while the club was burning.
The brothers had earlier argued they had travelled to Thailand on business but were now apprehensive about returning, fearing 'custodial action'; i.e., arrest on arrival at the airport.
But the prosecution argued the Thailand trip indicates an attempt to evade the law.
No interim relief, therefore, should be granted, the prosecution said.
The brothers are expected to be deported by Thailand within the next 24 hours; a Goa Police team, sources told NDTV, will leave for Bangkok later today to complete the paperwork.
India does have an extradition treaty with Thailand.
However, Delhi has pressed for the Luthra brothers to be deported instead, since this will likely take less time than filing a formal extradition request that must then go through the Thai courts.
To trigger the deportation process the Indian government on Wednesday suspended Saurabh and Gaurav Luthra's passports, leaving them in violation of Thailand's immigration laws.
That triggered the deportation process, sources told NDTV, which should be hastened by the issuing of a Blue Corner notice by international police organisation Interpol.
So far five people have been arrested, including Ajay Gupta, one of the four co-owners.
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