A Goa court on Wednesday remanded nightclub owners Saurabh and Gaurav Luthra — accused in the December 6 fire at their restaurant Birch by Romeo Lane that killed 25 people — to five days’ police custody, rejecting their plea for a mattress on medical grounds.
The brothers, brought to Goa on Wednesday after being deported from Thailand, were first taken for a medical examination at a primary health centre and then referred to the Asilo District Hospital before being produced before judge Puja Sardesai.
Before the judge, Luthra’s defence said that while Saurabh suffered an issue in his spinal cord between vertebrae L4 and L5, Gaurav suffered an issue with his tail bone and they sought, as a special request, a mattress be provided while in custody.
Judge Sardesai, however, sent the duo for a fresh medical examination, following which, they were produced before the court, which took cognisance of the medical report that stated that the duo does not require special medical assistance.
“You had asked for a mattress. The doctors have said that you don’t require it,” Sardesai said.
In her order, judge Sardesai said, “Remanded to police custody for five days to be produced before the court on (December) 22,” adding that the police would have to provide the accused with medicines as prescribed by the doctors.
The two brothers, co-owners of the Birth by Romeo Lane nightclub, who had fled to Phuket in Thailand, within hours of a fire breaking out at the nightclub they operated at Arpora in Goa, appeared sleep deprived, as they huddled with their lawyers in the courtroom during the hearing.
The police are expected to take the duo to the site of the incident on Thursday, along with other accused, in a bid to piece together the events that led up to the fire that claimed 25 lives.
According to a police official familiar with the investigation, since they already have custody of five other accused in the case, they will begin cross questioning of the accused — all of whom have denied responsibility for the incident.
“The police had sought seven days custody but the court has granted us five. We intend to interrogate the duo concerning the operation of the clubs and restaurants they run in the state, many of which are being run illegally. We will also confront them concerning their claim that they were not involved in the daily operations of the establishment,” a police official who didn’t wish to be quoted, said.
The brothers, in filings before the Court in Delhi where have claimed that they were not responsible for the daily operations of the club, which is instead managed by restaurant managers, and blamed “an external third-party performer… who brought her own equipment, staff” and that “the legal provisions do not extend the liability” to them.
“The incident was purely an accident and there is no criminal intent,” the brothers had said in their bail plea.
The FIR, filed last Sunday, charges them under sections 105 (culpable homicide not amounting to murder), 125(a) and (b) (endangering life and personal safety), and 287 (negligent conduct with fire or combustible matter) of the Bharatiya Nyaya Sanhita.
The investigation so far, which has led to the arrest of six people — four managers viz. chief general manager of the club Rajiv Modak, 49; gate manager Priyanshu Thakur, 32 – both residents of Delhi; bar manager Rajveer Singhania, 32, and general manager Vivek Singh, 27 – both residents of Uttar Pradesh and two others viz. Ajay Gupta, a business partner of the Luthras and Bharat Singh Kohli, who was said to be managing day to day operations of the club on behalf of the Luthras.
An official with the investigation revealed that the police have recorded the statements of 50 witnesses so far.
The Police remain on the lookout for a sixth — Surinder Kumar Khosla, the owner of the property, who in 2023 signed a lease and licence agreement with Being GS Hospitality Goa Arpora LLP, the company under which the nightclub operated. Saurabh and Gaurav Luthra along with Ajay Gupta are listed as partners in the firm.
Khosla, a British Citizen, is understood to be out of the country at the moment. The property that Khosla owned, was found to have been constructed without a construction licence, was not granted an occupancy certificate and lacked a whole host of necessary permissions including a NOC from the Fire Department and had a demolition notice issued against it.
Meanwhile, representatives of the Joshi family who lost four members in the incident, pleaded that the court show no leniency for the accused.
Advocate Vishnu Joshi, who represented the family said that, so far they were satisfied with the seriousness with which the Goa police is prosecuting the case.
“The Goa Police strongly opposed the demand that they be given special accommodations on account of medical reasons on account of which, the Judge ordered a fresh medical examination. It is a case where 25 people have lost their lives and 25 families are today without their sole bread earners. We argue that this is a rare case and exemplary punishment be shown,” Adv Joshi said.
The victims of the fire included four members of a Delhi family — three sisters and the husband of another of the sisters, who was injured in the incident. 20 of the 25 victims in the tragedy were staffers working in the basement kitchen, who were left with no escape route after the fire engulfed the floor above them. 23 of the 25 victims died due to suffocation.
Authorities have said that even as the fire was gutting the structure, having started around 11.45 pm, the brothers booked tickets to Thailand at 1.17am, and flew out at 5.30. The lookout notice against them could be issued 24 hours later.
