The Ministry of External Affairs (MEA) received a communication from the Goa Government about Gaurav Luthra and Saurabh Luthra in the case pertaining to the Goa nightclub fire tragedy, said sources on Wednesday.
The MEA is examining the request to revoke the passports under the Passports Act of India, as per extant rules, the sources added.
Gaurav and Saurav Luthra left the country soon after fire tragedy
The Delhi Police has informed the Rohini Court that accused brothers Gaurav and Saurav Luthra had left the country soon after the Goa club fire tragedy, and a Non-Bailable Warrant (NBW) had already been issued against them by a Goa court.
Opposing their plea for protection, the State submitted that the brothers were deliberately evading investigation and should not be granted any interim relief.
The accused, however, told the Court through their counsel that they were apprehended upon arrival in India. They argued that they had travelled to Thailand for work-related reasons and now wished to return, but feared custodial action. Their lawyers emphasised that the applicants only sought brief transit protection to approach the competent court in Goa.
Rohini court took up bail applications of both the accused
The Rohini Court took up the Transit anticipatory bail applications on Wednesday and questioned their maintainability, noting that the applicants were not presently within the territorial jurisdiction.
Senior Advocates Siddharth Luthra and Tanveer Ahmad Mir argued that the accused are permanent residents of Delhi and that courts outside the jurisdiction can issue notice in urgent matters involving interim anticipatory bail.
State counsel reiterated that the brothers were absconding and sought time to file a detailed status report on their departure from India and the actions taken by the Goa Police. The Court allowed the request and directed the State to place all relevant material on record before the next hearing.
Defence counsel stated that brothers wanted to return
The defence pressed for temporary protection until Thursday, stating that the brothers wanted to return and exercise their legal remedies but feared coercive action. The State opposed the plea, relying on the NBW and the circumstances suggesting evasion.
The Court, without granting any interim protection, fixed the matter for further hearing tomorrow.
The Transit anticipatory bail plea of Gaurav and Saurav Luthra will be taken up at 12 noon on Thursday, when the Court will consider the State’s status report and decide on the request for transit relief in light of the police’s objections.
Defence counsel: The accused apprehend arrest
The counsel for the accused persons argued that the authorities intend to impound the accused persons’ passports and arrest them at the airport, even though they had travelled abroad solely to establish business ventures. They reiterated that the accused apprehend arrest and are seeking protection to exercise their legal remedies.
It was highlighted that the club holds all necessary approvals, including a valid FSSAI license, state license, liquor license, and GST registration. The defence stressed that the tragic incident arose from a lady performer using cold pyros during her act, which led to the accident. The prosecution has now invoked Section 304 of the IPC, alleging culpable homicide.
‘Blue corner notice’ issued by INTERPOL
A ‘blue corner notice’ has already been issued by INTERPOL against the absconding accused, Gaurav Luthra and Saurabh Luthra.
The brothers fled to Thailand after the fire, which claimed 25 lives, and are now being tracked by international authorities.
Saket court granted a 36-hour transit remand of Ajay Gupta
Meanwhile, Delhi’s Saket court granted a 36-hour transit remand of Ajay Gupta to the Goa police. He has been arrested in Delhi in the Goa club fire case.
Additional Chief Judicial Magistrate (ACJM) Vinod Joshi granted a 36-hour transit remand of Ajay Gupta and directed him to be produced before the concerned court at Goa.
The court has also directed the Goa Police to address the medical issues Gupta is facing.
