'Lynching' fears dismissed, bail denied: Goa fire accused plea rejected as Delhi court cites flight evidence

Goa nightclub fire case

A Delhi court has firmly rejected the transit anticipatory bail pleas of two brothers, Gaurav and Saurav Luthra, sought on grounds they feared being “lynched in Goa,” where they face murder charges following a catastrophic nightclub fire that killed 25 people last weekend.

In a detailed order on December 11, Additional Sessions Judge Vandana of the Rohini court dismissed the applications, citing the “grave and serious” nature of the allegations, according to a TOI report. The brothers, owners of the 'Birch by Romeo Lane' restaurant in Goa where the fire broke out, are currently detained in Phuket, Thailand, following their arrest there after fleeing India.

The court found no merit in the defence’s argument that the Luthras faced an immediate threat to their lives in Goa. “The applicant has failed to show the basis of any such apprehension,” the judge stated, adding that legal action by police or courts “can't be said to be an apprehension of a threat to life.”

Judge Vandana’s ruling highlighted the sequence of the accused’s departure from India. Contradicting their claim of having left for Thailand on December 6, the court noted evidence presented by the Goa Police showing a flight ticket was booked at 1.17 am on December 7 — hours after the fatal incident — with a departure at 5.20 am that same morning. “The accused persons left the country within hours of the incident,” the court observed.

The defence, led by senior advocate Tanvir Ahmed Mir, had argued the brothers were ready to cooperate but had not been served notice to join the investigation before arrest warrants were issued.

Mir contended the First Information Report (FIR) pointed to negligence, not homicide and described the demolition of their associated restaurant properties as part of a threatening atmosphere. “Do I deserve to be lynched?” Mir asked the court on his clients’ behalf, pleading for protection of their life and liberty.

These assertions were strongly opposed by the Goa Police, represented by Special Public Prosecutor Atul Shrivastava. The prosecution accused the Luthras of a lack of cooperation, misleading the court on their travel dates and operating their venue without a valid licence.

“You are running the entire operation without a licence. There was only a narrow entry and exit. 25 people died in the incident. The extraordinary protection cannot be granted,” the prosecution submitted, as reported by TOI.

The police also challenged the medical grounds cited in the bail plea, noting the documents were old and that the applicants’ own counsel had refuted claims their health precluded travel.

In her decisive order, Judge Vandana refused to suspend the Look Out Circular (LOC) against the Luthras. She also pointed out that the applicants had not explained why they approached a Delhi court instead of the competent jurisdiction in Goa. “Without expressing any opinion on the merits or veracity of the allegations, this court finds no ground to entertain the present application,” the judge concluded.

The ruling paves the way for the brothers’ deportation from Thailand to face investigation in Goa, where authorities have charged them with murder and other offences in connection with one of the state’s deadliest fire tragedies in recent years.