The Luthra brothers have claimed to be the victims in the fire tragedy that engulfed a nightclub owned by them in Goa last Sunday. At least 25 people died in the fire at the 'Birch' by Romeo Lane pub at Arpora in the coastal town during a midnight party.
Saurabh Luthra and Gaurav Lauthra, owners of the nightclub, had fled to Thailand amid the probe, anticipating their arrest in the case. Meanwhile, they also approached a court in Delhi, seeking to return to India and an anticipatory bail.
In their petition, the Luthras argued that the criminal liability cannot be pinned on them since they were not present at the nightclub when the fire erupted, according to the petition accessed by NDTV.
The court, however, refused any immediate relief to the accused brothers and sought a response from the police. The case will be taken up again tomorrow.
Luthra Brothers' Defence
Senior advocate Tanveer Ahmed Mir, representing the Luthras, said that the nightclub is run by their partners and managers. Stating that the Luthras have three business partners, he claimed that they run several business units and do not personally oversee the day-to-day operations of any of the firms.
The franchise managers handle the operations, the advocate said, adding that the club where the fire occurred also operates under this arrangement. He argued that if an incident occurs in another location, criminal responsibility cannot be placed on them. Liability lies with those conducting the operations—the partners or managers, he said, pointing out that operational managers had already been arrested.
Read: Goa Club Co-Owner Faked Spinal Injury, Got Admitted. How Cops Tracked Him
Senior advocate Siddharth Luthra, also representing the Luthra brothers, said he has only one "simple" request—that the accused be allowed to return to the country and approach the local court in Goa.
"They (Luthras) too are victims. I am also concerned and hurt by this incident," said the senior advocate.
The prosecution lawyer argued that the case was not fit for trial.
Goa Police has already arrested Ajay Gupta, one of the partners and four owners of the 'Birch' by Romeo Lane club. He had faked a spinal injury and admitted himself to a hospital to evade arrest. The tactic, however, did not work. While being taken away by the cops, he told NDTV he was only a "sleeping (silent) partner" of the Luthras.
Four other staff at the nightclub, including a manager, have also been arrested.
