No Transit Bail for Luthras: Delhi Court Flags “Grave Offence” in Goa Nightclub Fire Incident
Post-Fire Escape to Thailand? Court Rejects Luthras’ Bail Bid in Goa Nightclub Tragedy
A Delhi Court on Thursday refused to grant transit anticipatory bail to Saurabh and Gaurav Luthra, owners of the Goa nightclub Birch by Romeo Lane, where a fire on December 6 claimed 25 lives.
Additional Sessions Judge Vandana of Rohini Court held that the “nature of offence, prima facie, is grave and serious” and that the applicants’ conduct did not justify protection from arrest.
The Court said it was “not inclined” to extend relief given the allegations and circumstances surrounding the brothers’ departure from India.
The Luthras argued they faced an imminent threat to their lives, but the court noted they had produced no material to substantiate that claim. Medical documents from 2011 and 2018 submitted to show seizure disorder and hypertension were dismissed as outdated and irrelevant, with the court observing that even the defence had said the conditions did not impede travel or business operations.
Another factor was the expiry of several licences annexed to the application. Goa Police told the court the nightclub was being run on a trade licence obtained from a panchayat, which had lapsed in 2023.
The Court also flagged the brothers’ flight tickets booked on December 7 at 1.17 am, barely five hours after the accident, as a “concealment of material fact”. Their mother allegedly refused to disclose their location when police arrived at their Delhi residence with an arrest warrant.
The Court questioned why the brothers, currently in Phuket, had not approached the Court with territorial jurisdiction in Goa.
Senior Advocates Abhinav Mukerji and Atul Srivastav, appearing for the state of Goa, argued that the Luthras had “deliberately fled India” and could not seek protection while evading the investigation. They submitted that a court should not aid an accused who is “attempting to evade the process of law”. Their submissions came just hours after the brothers were detained in Thailand following a Blue Corner Notice issued by Interpol.
Senior Advocate Tanveer Ahmed Mir, representing the defence, insisted the Luthras were willing to return and cooperate. Transit anticipatory bail, he argued, was only meant to allow an accused to safely reach the competent court. “When a citizen is willing to submit to the law, the court must extend a helping hand, not a fist,” he said. Mir also accused the state of “unusual haste” in issuing non-bailable warrants and initiating proclamation proceedings, asserting that the offence was not directly attributable to the brothers, who operate multiple restaurants across the country.
Notably, the Court in the evening of December 11, had reserved the order.
During the hearing, the Goa Police strongly opposed the brothers’ plea, arguing that both Gaurav and Saurabh Luthra, along with partner Ajay Gupta, were signatories of the establishment and that the Panchayat licence for the club had expired and was never renewed. The prosecution said the brothers had shown “no cooperation”, which disentitled them to the “extraordinary protection” of anticipatory bail.
The police further alleged that the brothers misled both the Court and authorities about their travel. While they claimed they left India on the night of December 6, immigration records showed they flew out on December 7.
Meanwhile in Goa, their partner Ajay Gupta was produced before the Judicial Magistrate First Class in Mapusa and remanded to seven days’ police custody. The Luthra brothers, detained in Thailand earlier this week, are expected to be deported to India for further investigation into the fatal blaze.
Earlier, on Wednesday i.e. December 10, the accused had sought four weeks of transit anticipatory bail so that they are not immediately arrested after their return to Delhi from Thailand. 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.
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.
Case Title: State v. Gaurav Luthra & Anr.
Bench: Additional Sessions Judge Vandana
Hearing Date: December 11, 2025