Saurabh and Gaurav Luthra, associated with the Birch by Romeo Lane nightclub in Goa, where a devastating fire killed at least 25 people, have approached a Delhi Court seeking anticipatory bail. The plea was heard by Additional Sessions Judge Vandana at the Rohini Courts. Senior Advocate Sidharth Luthra and Advocate Tanvir Ahmed Mir represented the Luthras, while Senior Advocate Abhinav Mukerji and Standing Counsel Surjendu Sankar Das appeared for the State of Goa. Mukherji informed the court that the bail applications were served only earlier in the day and requested that the hearing be shifted to Friday, adding that the prosecution would file a status report and that the pleas were not maintainable since the applicants were considered fugitives.
In response, Sidharth Luthra argued that the applicants sought only the opportunity to return to India and approach the appropriate Goa courts. He stated that although the tragedy was unfortunate and had caused loss of life, he feared that the accused were being subjected to what he described as “witch hunting.” He also highlighted that Saurabh Luthra, aged 40, suffered from medical issues such as hypertension and epilepsy, and asserted that the Luthras were merely licensees, not owners of the nightclub. Mentioning the Look Out Circulars issued against them, he said the applicants only wished to return and seek legal remedies, and argued that once the prosecution had been served, it should not seek additional time to file a status report.
Luthra further submitted that the court retained the power to grant interim anticipatory bail even if the prosecution filed its reply later. He questioned whether he could be presumed to have known what transpired in Goa while he was in Delhi. Supporting these submissions, Advocate Mir stated that the Luthras could not be held liable even indirectly, emphasising that managerial responsibilities were handled by operational managers who were already in custody. He claimed that authorities had taken action against other ventures linked to the Luthras without notice and maintained that the applicants were willing to join the investigation. Mir argued that custody must serve the purpose of investigation, which, he said, did not apply to the Luthras.
Mir added that interim protection would simply enable the applicants to return as law-abiding individuals to cooperate with legal processes. He said that criminal intent could not be stretched to corporate management merely because an incident occurred. He accused the State of acting without objectivity and said the authorities had initiated action comparable to demolitions without issuing prior notice. The judge then questioned how transit anticipatory bail could be sought when the applicants were in Thailand and outside the court’s territorial jurisdiction. Mir responded that the Luthras were Delhi residents who had travelled to Thailand for a business meeting and were willing to remain within the court’s jurisdiction until the State filed its status report.
Opposing this, Mukherji argued that the Luthras did not deserve interim protection since non-bailable warrants had been issued against them by the Goa courts. The judge, however, declined to grant immediate protection and stated that the matter would be heard again the following day, after which suitable orders would be issued. The incident occurred on December 6 in Arpora, after which the Luthras allegedly left the country. Media reports suggested they travelled to Phuket in Thailand within hours of the fire. Interpol has since issued a Blue Notice to trace them. The deceased included 20 nightclub employees and five tourists, four of whom were from Delhi, while five other injured individuals continue to be treated at the Goa Medical College and Hospital.
Authorities have reportedly arrested five people so far: chief general manager Rajiv Modak, general manager Vivek Singh, bar manager Rajiv Singhania, gate manager Riyanshu Thakur, and Bharat Kohli. The Goa Police also brought Ajay Gupta, one of the nightclub’s four owners, to the Sunlight Colony Crime Branch office in connection with the incident. The Luthras were represented by Senior Advocates Sidharth Luthra and Tanvir Ahmed Mir, along with Advocates Shiv Chopra, Vaibhav Suri, Saud Khan, Tushan Rawal, Shivaz Berry and Pulkit Shree. The State was represented by Senior Advocate Abhinav Mukerji along with Advocates Surjendu Sankar Das, Annie Mittal, Archita Nigam and Khushboo Hora.