The Supreme Court has declined to intervene in the Bombay High Court’s decision to cancel the bail of three co-owners of a Goa nightclub where a tragic fire resulted in 25 fatalities and over 50 injuries on December 6, 2022. A bench comprising Justices Dipankar Datta and Sheel Nagu upheld the High Court’s directive, mandating that Saurabh Luthra, Gaurav Luthra, and Ajay Gupta surrender within a two-week period.

The apex court instructed the lower court to expedite the ongoing trial, particularly emphasising the swift framing of charges against the accused. The nightclub in question, Birch by Romeo Lane, is alleged to have operated without the necessary licenses and safety precautions.

During the proceedings, senior advocates Abhishek M Singhvi and Siddharth Dave, representing the Luthra brothers, argued that the case could be characterised as one of negligence rather than intentional harm. They maintained that there was no direct action taken by the accused that led to the deaths and suggested that the applicable law might only involve causing death by negligence under Section 304A of the Indian Penal Code.

Details of the Incident and Legal Proceedings

Justice Datta queried the legal representatives about the number of lives lost in the incident, to which Singhvi confirmed that 25 individuals had died as a result of the fire. He further asserted that the High Court judgement contained significant errors, and indicated that several other co-defendants had been granted bail in relation to the same case.

Shyam Divan, appearing for Gupta, noted that his client possessed only a 10 per cent stake in the nightclub, thereby implying that he had minimal involvement in the events leading to the fire. The rebuttal from Additional Solicitor General SV Raju and legal representative Surjendu Sankar Das, representing the Goa government, contended that the High Court’s order for the trio to surrender was justified and should be enforced.

In its verdict, the Supreme Court specified that the three co-owners must surrender within two weeks of the order’s issuance. Following the initial fire, the Luthra brothers reportedly fled to Phuket, Thailand, prompting an Interpol Blue Corner Notice to be issued. They were detained by Thai authorities on December 11, 2022, due to the involvement of the Indian mission in Thailand.

Impact of the Bombay High Court’s Decision

A Delhi court subsequently granted a two-day transit remand to the Goa Police on December 16, 2022, after the accused were returned to India. The Bombay High Court had previously revoked their bail on August 18, stating that the trial court had inadequately considered the gathered evidence during investigations and had misjudged the seriousness of the offence in comparison to severe crimes such as murder.

The High Court cited concerns about the nightclub’s alleged unlicensed operation and illegal structure, as well as potential knowledge by the accused of risks associated with indoor fire displays lacking adequate safety features. Moreover, the court referenced allegations pertaining to the use of forged documents for licensing, highlighting inadequate fire safety systems that hampered escape efforts for many victims.

Although the High Court denied bail at that time, it indicated that the accused could apply for bail again after their surrender, with further applications to be evaluated based on their legal merits. With the Supreme Court’s refusal to grant relief, the co-owners are now required to comply with the surrender order and await further developments in the trial process related to the fire incident.

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