Promoters of the Birch by Romeo Lane nightclub in Goa, Saurabh and Gaurav Luthra, on Tuesday approached a Delhi court seeking transit anticipatory bail in connection with the December 6 fire incident, which claimed at least 25 lives.
Additional Sessions Judge (ASJ) Vandana at the Rohini courts refused to grant ad-interim protection and listed the matter for further hearing on Thursday.
Appearing for the State of Goa, Senior Advocate Abhinav Mukerji objected to the maintainability of the pleas, noting that the applications were served only in the morning and that non-bailable warrants (NBWs) had already been issued by courts in Goa. Mukerji submitted that the applicants had “fled the country” within hours of the incident and were now subject to an Interpol Blue Corner Notice, undermining their claim to pre-arrest protection.
Appearing for the Luthras, Senior Advocate Sidharth Luthra countered that the applicants sought only limited transit protection to enable them to return to India and move the appropriate court in Goa under Section 438 of the Code of Criminal Procedure (CrPC). He further contended that the Luthra brothers were merely licensees of the premises and that day-to-day operations were handled by managerial staff, several of whom are already in custody.
Advocate Tanvir Ahmed Mir, also appearing for the applicants, pointed out that attributing vicarious criminal liability to the promoters, in the absence of statutory backing, would be contrary to established jurisprudence. He submitted that culpability under Sections 304, 304A, 285 and 336 of the IPC required clear evidence of mens rea or gross negligence, asserting that the tragedy, while devastating, could not automatically translate into criminal intent on the part of the applicants.
The ASJ questioned how a Delhi court could entertain transit anticipatory bail when the applicants were currently in Thailand.
The Counsels for the applicants stated that the Luthras were permanent Delhi residents and had travelled abroad only for a business meeting. They expressed willingness to return immediately if granted minimal protection from immediate arrest.
Opposing interim relief, the State insisted that custodial steps in Goa would be jeopardised.
The fire, which broke out at the Arpora nightclub, resulted in the death of 20 employees and five tourists, with several others currently receiving treatment at the Goa Medical College and Hospital. Five managerial personnel, including the chief general manager, general manager and bar manager, have so far been arrested in the ongoing investigation.
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