Published on: 10 December, 2025 17:10 IST
Four days after a devastating fire at a Goa nightclub claimed 25 lives, Saurabh and Gaurav Luthra described as the purported licensees of the establishment approached the Rohini Court in Delhi on Wednesday seeking transit anticipatory bail.
According to Goa Police, the brothers boarded a flight to Thailand just hours after the blaze, following which Interpol issued a Blue Corner Notice against them.
Represented by Senior Advocate Sidharth Luthra and Advocate Tanveer Ahmed Mir, the applicants argued before Additional Sessions Judge (ASJ) Vandana that they could not be held vicariously liable for the tragedy as they were licensees, not owners, and were not present at the nightclub when the fire broke out late Saturday night.
“We are licencees, not owners. My prayer is for anticipatory bail for four weeks. The applicant undertakes not to tamper with evidence. I only want to return and pursue my legal remedies,” Senior Advocate Luthra submitted.
He further claimed that the property owner retained control over all structural decisions: “I cannot even undertake repairs without the owner’s permission. This witch-hunting is concerning. Saurabh has a medical history—epilepsy, hypertension. We are only seeking interim protection to return to India.”
The fire at Birch by Romeo Lane in North Goa’s Arpora village killed four tourists and 21 staff members. On Tuesday, the Goa Tourism Department demolished part of Romeo Lane Goa (Vagator), another establishment operated by the Luthra brothers.
Police say the brothers flew to Phuket at 5:30 a.m. on December 7—mere hours after the incident. Their counsel, however, insisted they were on a business trip and had not fled. “They want to arrest me at the airport. I am not asking for regular bail—that will be for the Goa court. Today we seek only interim anticipatory bail,” Luthra said.
“Sitting in Delhi, can I be attributed intention? Could I have known this would happen?” he added.
Advocate Mir argued that no legal principle justified attaching vicarious criminal liability to the brothers. “They were not present. Operational managers—who were responsible—have already been arrested. Meanwhile, other restaurants belonging to my clients have been shut or bulldozed,” he said.
He also accused the Goa authorities of acting vindictively: “If an unfortunate incident occurs, does that justify bulldozing properties? Are the police seeking revenge against their own citizens?”
ASJ Vandana, however, raised a fundamental procedural objection. “How is this application maintainable when the applicants are not in Delhi? For transit anticipatory bail, the applicant must be within this court’s territorial jurisdiction,” she remarked.
Mir responded that anticipatory bail can be sought even when the person is abroad: “An apprehension of arrest can arise anywhere. The statute allows pre-arrest bail. My clients reside within this court’s jurisdiction and went abroad only briefly.”
Opposing any interim protection, State counsel Advocate Abhinav Mukherjee submitted, “NBWs have already been issued in Goa. They fled after the incident. When police went to their residence on the 8th, their family said they did not know where they were.”
Mir countered, stating, “No prejudice will be caused. Demolishing their properties is illegal. The authorities have gone berserk. My clients are law-abiding citizens.”
ASJ Vandana directed the State to file a reply and listed the matter for hearing on Thursday at noon.
Police have said that arrest warrants have been issued against Gaurav (44), Saurabh (40), and a third owner, Ajay Gupta. Look Out Circulars (LOCs) have also been issued for the Luthra brothers, Gupta, and Surinder Kumar Khosla, the owner of the property where Birch by Romeo Lane operated.
Gupta has been detained and is being produced before the Saket Court, where police will seek transit remand. Six arrests have been made so far in connection with the incident.