A Goa court on Wednesday sent to five-day police custody the Luthra brothers – Saurabh and Gaurav, who are co-owners of ‘Birch by Romeo Lane’ nightclub, where the fire that broke out on December 6 had killed 25 people and injured several others.
The accused, who had fled from Thailand after the arson incident, were arrested from Delhi airport on Tuesday and produced in the Mapusa Judicial Magistrate First Class (JMFC) court. The Luthra brothers were medically examined before they were produced in court. A Delhi court on Tuesday granted 48-hour transit remand of the accused to Goa Police after they landed at New Delhi’s Indira Gandhi International (IGI) airport.
Speaking to reporters, lawyer Vishnu Joshi, representing the victim’s family, said that further court proceedings will take place after the remand period is over. He said, “Yesterday he was brought from Thailand to Delhi and after reaching Delhi, he was formally arrested by the Goa Police at the airport. After the arrest, he was brought to Goa on Delhi transit remand this morning. Subsequently, he was produced in the concerned court and given an additional remand of 5 days. After the remand period is over, he was brought to Goa. Further proceedings will take place later when he will be produced in the court on December 22.”
He further said, “They had some problems for which they were demanding mattresses, which the state opposed. We strongly opposed this, saying that no relaxation should be given to them in any form. When they repeatedly raised the issue, the court ordered a review. It became clear that there was no problem. Keeping this in mind, the court did not give any relaxation and sent them to 5 days police custody.”
The Arpora nightclub fire that claimed 25 lives on December 6 has led to criminal proceedings being initiated against the club owners for alleged negligence and violation of mandatory safety norms. Following extradition from Thailand, the Goa Police on Tuesday sought transit remand of the nightclub owners and told a Delhi court that the fireworks show at the club was organized without proper fire safety equipment and other necessary safety equipment, following which the massive fire broke out. Police said that the custody of the accused in Goa is necessary at this crucial stage of the investigation.
Presenting their arguments before the Patiala House Court, Goa Police said that the accused were the main owners and partners of ‘Birch by Romeo Lane’ located in Arpora area of North Goa and had complete control over the operations of the club, including security arrangements, permissions and events organized on the premises.
Police allege that the fireworks were organized at the nightclub on December 6 without proper caution, vigilance and adequate fire fighting equipment. This resulted in a massive fire, which killed 25 people, including staff and tourists, and seriously injured many others.
Police said the Luthra brothers staged the fire demonstration despite knowing that there were no emergency exits on the ground floor or deck of the restaurant for evacuation in case of an emergency.
The police further told the court that the investigation is at a critical stage, with recovery of important documents such as licenses, event permissions and internal communications still pending. He also said that the conspiracy behind the incident has not been revealed yet. It was also reported that the accused had reportedly fled abroad after the incident and was arrested only after returning to India.
The court said that at this stage, sufficient evidence exists to point to the involvement of the accused and further investigation would fall within the jurisdiction of the competent court of Goa. While granting the remand, the court directed the investigating officer to keep the accused in safe custody during transit and produce them before the concerned court of Goa immediately after their arrival.
The magistrate also took note of the medical condition of the accused, found that they were fit to travel, and directed that all prescribed medicines and necessary medical care be provided to them during the travel period. Following this order, advocate Surjendu Shankar Das, appearing for the State of Goa, said that transit remand has been granted and both the accused will be taken to Goa.
Goa Police had registered a criminal case under Section 3(5) read with sections 105, 125, 125(A), 125(B) and 287 of the Indian Judicial Code 2023 at Arpora Anjuna police station in North Goa on December 7.
