NEW DELHI: A Delhi court on Thursday denied the transit anticipatory bail plea of Saurabh and Gaurav Luthra, owners of the Birch by Romeo Lane nightclub in Goa, where a massive fire last week killed at least 25 people. The brothers had sought four weeks of transit anticipatory bail on Wednesday, claiming protection from immediate arrest after their return to Delhi from Thailand. They were detained by Thai police early on Thursday at the request of Indian law enforcement agencies. According to officials, their deportation from New Zealand has also been initiated, and they will be brought to India after completing exit formalities in Thailand. Additional Sessions Judge Vandana reserved the order till 5 pm after hearing arguments from both sides. One of the counsels for the applicants argued that the brothers were willing to return immediately and face the investigation, urging the court not to “punish them at the threshold”. He said they had approached the Delhi court at the earliest opportunity and were ready to join the probe without delay. “If I land in India tonight and the investigating officer (IO) tells me to appear at midnight, I will be there,” he said. The counsel submitted that transit bail was not a decision on merits but a limited protection to ensure safe access to the appropriate court. Citing a Supreme Court order allowing temporary protection for an accused abroad facing Blue and Red Corner notices, he said, “I only seek protection for a few days to reach the court safely. When a citizen is willing to submit to the law, the Court must extend a helping hand, not a fist.” Opposing the plea, the counsel for the state of Goa argued that the Luthra brothers had left Goa immediately after the fire and had been “evading the legal process”. He said the law does not aid those who refuse to respond to summons or warrants. An Interpol Blue Corner notice had been issued on December 9 following a request from the Goa police routed through the CBI. Officials said the brothers’ deportation process had begun, and they would be brought back after Thai exit clearances. According to officials, the co-owners made an immediate attempt to evade arrest and booked air tickets for Phuket at 1.17 am on December 7, a little over an hour after learning about the fire at their nightclub. The Goa police said the brothers were accused of injury causing death, manslaughter and murder by organising a fire show “without taking proper care and caution and without providing fire safety equipment, other safety gadgets.” In a related development, a Goa court on Thursday remanded Ajay Gupta, a partner in the nightclub, to seven days of police custody. He was brought from Delhi on Wednesday night. Gupta’s arrest followed the issuance of a Look Out Circular against him. The Goa police have also arrested five managers and staff members of the Arpora nightclub, where the fire broke out on December 6.
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