NEW DELHI: The Delhi Police on Wednesday informed the Rohini Court that accused brothers Gaurav and Saurav Luthra had left the country soon after the Goa club fire tragedy and a Non-Bailable Warrant (NBW) had already been issued against them by a Goa court.
Opposing their plea for protection, the State submitted that the brothers were deliberately evading investigation and should not be granted any interim relief.
The accused, however, told the Court through their counsel that they apprehend arrest immediately upon landing in India. They argued that they had travelled to Thailand for work-related reasons and now wished to return but feared custodial action. Their lawyers emphasised that the applicants only sought brief transit protection to approach the competent court in Goa.
The Rohini Court took up the Transit anticipatory bail applications on Wednesday and questioned their maintainability, noting that the applicants were not presently within the territorial jurisdiction.
Senior Advocates Siddharth Luthra and Tanveer Ahmad Mir, argued that the accused are permanent residents of Delhi and that courts outside the jurisdiction can issue notice in urgent matters involving interim anticipatory bail.
State counsel reiterated that the brothers were absconding and sought time to file a detailed status report on their departure from India and the actions taken by Goa Police. The Court allowed the request and directed the State to place all relevant material on record before the next hearing.
The defence pressed for temporary protection until Thursday, stating that the brothers wanted to return and exercise their legal remedies but feared coercive action. The State opposed the plea, relying on the NBW and the circumstances suggesting evasion.
The Court without granting any interim protection fixed the matter for further hearing tomorrow.
The Transit anticipatory bail plea of Gaurav and Saurav Luthra will be taken up at 12 noon on Thursday, when the Court will consider the State’s status report and decide on the request for transit relief against the backdrop of the police’s objections.
The counsel for accused persons argued that authorities intend to impound the passports of the accused and arrest them at the airport, despite the fact that they had traveled abroad only to set up business ventures. They reiterated that the accused apprehend arrest and are seeking protection to exercise their legal remedies.
It was highlighted that the club holds all necessary approvals, including a valid FSSAI license, state license, liquor license, and GST registration. The defense stressed that the tragic incident arose from a lady performer using cold pyros during her act, which led to the accident. The prosecution has now invoked Section 304 of the IPC, alleging culpable homicide. (ANI)
