The matter came up before Additional Sessions Judge (ASJ) Vandana at Rohini Courts.
Senior Advocate Sidharth Luthra, along with Advocate Tanvir Ahmed Mir, appeared for the applicants. Senior Advocate Abhinav Mukerji represented the State along with Surjendu Sankar Das, Standing Counsel for Goa.
At the outset, Mukherji objected to the pleas, stating they were served only this morning, and sought a hearing on Friday so the prosecution could file a status report. He said the applicants were “fugitives” and argued that the pleas were not maintainable.
Luthra countered that the only relief sought was limited protection to allow the brothers to return to India and approach the proper courts in Goa. He stressed that while the incident was tragic, the accused were being subjected to “witch hunting”. He also pointed to Saurabh Luthra’s medical history, including hypertension and epilepsy.
He further submitted that the Luthras were merely licensees and not owners of the establishment. With Look Out Circulars already issued, he said, “I just want to come back and take my legal remedies. My learned friend surely cannot oppose my legal remedies.” He added that once the prosecution had been served, it could not seek time as a matter of right, and the court retained the power to grant interim protection.
“From Delhi, can I be held to have intended or known what was happening in Goa that evening?” he argued.
Mir reinforced these submissions, saying no direct or even vicarious liability could be attributed to the Luthras. He said the nightclub was handled by operational managers who are already in custody. He added that other business ventures of the applicants had been “bulldozed” without notice, and that custody must be “for and in aid of investigation”, which was not the situation here.
He assured the Court that the applicants would join the investigation. “The limited protection will enable me to come back and face the law as a law abiding citizen. Mens rea is necessary in cases like these. It cannot simply be stretched to management because an incident has occurred,” he submitted.
The Court asked how transit anticipatory bail pleas could be entertained when the Luthras were in Thailand and thus outside its jurisdiction.
Mir replied that the applicants were Delhi residents and had travelled to Thailand for a business meeting. He said they were willing to return and remain within the court’s jurisdiction if given limited protection until the State filed its report.
Mukherji opposed any interim protection, pointing out that non-bailable warrants had already been issued by Goa courts.
The ASJ declined to grant interim relief for the day and posted the matter for tomorrow, i.e. December 11, stating the Court would consider the pleas and pass appropriate orders.
The fire at the Arpora nightclub killed 20 staff members and five tourists, including four from Delhi. Five others remain hospitalised at Goa Medical College and Hospital.
The Luthras allegedly left India for Phuket hours after the incident. Interpol has issued a Blue Notice to help trace them.
Goa Police have so far arrested five individuals: Chief General manager Rajiv Modak, General manager Vivek Singh, Bar manager Rajiv Singhania, Gate manager Riyanshu Thakur, and Bharat Kohli. The police today brought Ajay Gupta, said to be one of the four owners of the nightclub, to the Sunlight Colony Crime Branch office for questioning.