New Delhi: The Ministry of External Affairs has received an information from the Goa Government about the accused Gaurav Luthra and Saurabh Luthra in the case related to the Goa Night Club fire incident. Sources gave this information on Wednesday. Sources said that the Ministry of External Affairs is examining the request for cancellation of passport under the Passport Act of India as per the existing rules.
Delhi Police has told the Rohini court that the accused Gaurav and brother Saurav Luthra left the country immediately after the Goa Club fire incident and a Goa court had already issued non-bailable warrant (NBW) against them. Opposing his protection plea, the state said the brothers were deliberately evading investigation and no interim relief should be granted to them.
However, the accused told the court through their lawyer that they would be caught upon coming to India. He said that he had gone to Thailand for work-related reasons and now wanted to return, but he was afraid of custodial action. His lawyers emphasized that their client had sought transit protection only for a short period of time to reach the correct court in Goa.
Delhi Court on Wednesday heard the transit anticipatory bail application and raised questions on its maintenance considering that the applicant is not yet within the territorial jurisdiction. Senior lawyers Siddharth Luthra and Tanveer Ahmed Mir argued that the accused are permanent residents of Delhi and courts outside their jurisdiction can issue notices in urgent cases related to interim anticipatory bail.
The state counsel reiterated that both the accused brothers are absconding and sought time for their departure from India and to file a detailed status report on the action of Goa Police. The court accepted the request and directed the state to keep all the necessary things on record before the next hearing.
The defense sought temporary protection until Thursday, saying the brothers wanted to return and exhaust their legal remedies, but feared coercive action. The state opposed this appeal citing non-bailable warrant and circumstances of escape.
The court fixed the next hearing of the case for today without giving any interim protection. The transit anticipatory bail application of Gaurav and Saurav Luthra will be heard on Thursday at 12 noon, when the court will consider the status report of the state and decide on the request for transit relief in view of the objections of the police.
The lawyer for the accused said that the intention of the authorities was to seize the passports of the accused and arrest them at the airport, whereas they had gone abroad only to start a business. He reiterated that the accused fear arrest and are seeking protection to exercise their legal remedies.
The two brothers had fled to Thailand after a fire broke out in a nightclub in Goa. 25 people died in this accident, and now international authorities are tracking them. Meanwhile, Saket Court of Delhi has given 36 hours transit remand of Ajay Gupta to Goa Police. He was arrested in Delhi in connection with the fire in Goa Club.
