Goa Nightclub Fire: Court Sends Luthra Brothers to 5-Day Police Custody

Panaji, Goa: A Goa court on Wednesday granted 5-day police custody of Luthra brothers - Saurabh and Gaurav, co-owners of 'Birch by Romeo Lane' nightclub - where 25 people died and several others were injured in a fire on December 6.

Goa Police presented the acccused before the Mapusa Judicial Magistrate First Class (JMFC) court after they were arrested from Delhi airport on Tuesday on being deported from Thailand where they fled after the blaze. Luthra brothers underwent medical examinations before being produced to the court.

A Delhi court on Tuesday granted Goa Police a 48-hour transit remand of the accused after they landed at Indira Gandhi International (IGI) Airport in New Delhi.

Speaking to reporters, advocate Vishnu Joshi, representing a victim's family, said the further court proceedings will take place after the end of the remand period.

He said, "Yesterday, they were brought from Thailand to Delhi, and after arriving in Delhi, they were formally arrested by the Goa Police at the airport. After the arrest, they were brought to Goa this morning on Delhi transit remand. Following that, they were presented in the concerned court, and further 5 days of remand were granted. Any further proceedings will take place after the end of their remand period, when they will be produced in the court on December 22."

"They have some issues for which they were demanding mattresses, which the state has opposed. We strongly opposed it, stating that no relaxation should be given to them in any form. When they pressed this issue repeatedly, the court ordered a re-examination. It was cleared that there are no issues. Considering this, the court did not give any kind of relaxation and remanded them for 5-day police custody," he added.

The fire at the Arpora nightclub on December 6 that claimed 25 lives, led to criminal proceedings against the club owners over alleged negligence and violation of mandatory safety norms.

After the deportation from Thailand, the Goa police, on Tuesday, had sought transit remand of the nightclub owners, telling the Delhi court that a deadly fire broke out after a firework event was organised at the club without proper fire safety equipment and other essential safety gadgets. The police said the custodial presence of the accused in Goa was required at a critical stage of the investigation.

Placing its submissions before the Patiala House Court, the Goa Police said the accused are the main owners and partners of 'Birch by Romeo Lane' in North Goa's Arpora area and had ultimate control over the operation of the club, including safety arrangements, permissions and events held at the premises.

The police alleged that on December 6, a firework event was organised at the nightclub without proper care, caution or adequate firefighting equipment. This led to a massive fire, resulting in the death of 25 people, including staff and tourists, and causing serious injuries to several others.

The Luthra brothers, despite knowing that the restaurant lacks emergency exit doors on the ground or deck floors for evacuation in an emergency, organised the fire show, police said.

The police further told the court that the investigation is at a crucial stage, with the recovery of key documents such as licences, event permissions and internal communications still pending. They also said that the conspiracy behind the incident is yet to be unearthed.
It was also pointed out that the accused had allegedly absconded abroad after the incident and was arrested only after returning to India.

The court observed that, at this stage, there is sufficient material to indicate the involvement of the accused and said that further investigation would fall within the jurisdiction of the competent court in Goa.

While granting the remand, the court directed the investigating officer to keep the accused in safe and secure custody during transit and to produce them before the concerned court in Goa immediately after their arrival.

The magistrate also took note of the medical condition of the accused, observed that they were fit to travel, and directed that all prescribed medicines and necessary medical care be provided to them during the transit period.

Following the order, Advocate Surjendu Shankar Das, appearing for the State of Goa, said that the transit remand had been granted and that both accused would be taken to Goa.

The Goa Police had filed a criminal case dated December 7 at the Police Station Arpora Anjuna, North Goa, under sections 105, 125, 125(a), 125(b), and 287, read with 3(5) of the Bhartiya Nyaya Sanhita 2023.