"Not Someone Who Fled After Rs 5,000-Crore Fraud": Luthra Brothers In Court

Making arguments in favour of the Luthra brothers, who fled to Thailand hours after 25 people died in a fire at their nightclub 'Birch by Romeo Lane' in Goa, their lawyer has told a Delhi court they are "also humans", provide employment to thousands and were over a thousand kilometres away when the fire broke out.

Senior advocate Tanveer Ahmed Mir, appearing for Saurabh Luthra and Gaurav Luthra in connection with an anticipatory bail petition, also told the Rohini Court that the brothers were businessmen, not people who fled the country after committing a fraud of Rs 5,000 crore - a possible reference to fugitive economic offenders who left the country fearing prosecution and owe banks thousands of crores.

Arguing against the bail, the prosecution also presented photos before the court that it said proved that the brothers were planning to set up a business in Thailand and also pointed out that they were smiling in the pictures. 

Advocate Mir said the fact that lives were lost in the fire was not a case of homicide but death by negligence, and criminal law was being stretched to include "intention" by stating that the brothers were responsible.

The lawyer said the brothers, who were detained in Phuket on Thursday, were "humans too" and were getting death threats from people on social media. "They are threatening to set the brothers on fire," Mir said. 

Claiming that their properties were bulldozed in Goa without proper notice, the lawyer said, "How has their leaving the country on the night of the incident become such a big crime? Liability is being assigned as if they went there and set the fire. They were over 1,000 km away when the incident occurred." 

"Yes, they signed licences but that does not mean they were in charge of operations. The law requires the owner to sign. They have 40 restaurants across the country but they don't decide what is cooked in the kitchen," Mir argued.

The lawyer said the Luthras were tax-paying, law-abiding citizens and their business supports more than 1,500 families. "They are businessmen, not someone who fled the country after committing a fraud of Rs 5,000 crores... They want simple relief, allow them to come back to India, go to Goa and seek legal remedies there. They went to Phuket to work, where they will employ Indians again." 

Prosecution's Take

Arguing that no protection should be granted, the prosecution pointed out that the Luthras booked a flight within 40 minutes of the incident, and fled the country 

"They claimed in the application that they left (for Thailand) on December 6, but in reality, they escaped on December 7 at 1.17 am, after people died from the fire," the prosecution lawyer said.

The court reserved its order and may pronounce it later on Thursday.