MAPUSA
The Mapusa Additional Sessions Court on Wednesday concluded arguments on the bail applications of Gaurav and Saurabh Luthra, the suspects in the Birch by Romeo Lane nightclub tragedy at Arpora which claimed 25 lives last month. Judge Dwijapal Patkar reserved the verdict on the bail application till February 5.
During the bail hearing, which lasted for more than two weeks, the government and the defence lawyers presented their respective cases before the court, backed by paper and electronic evidence.
Senior advocate Adv Subodh Kantak, who appeared for Gaurav Luthra, and Adv Parag Rao, who appeared for Saurabh Luthra, requested the court to grant the bail application of their clients.
They argued that the government's argument was focused only on illegal activities in the club and it is still unclear how the fire started.
If the cause of the fire was the alleged artificial electronic fireworks (cold pyro) used at the club on the day of the accident, then these artificial fireworks were used by performers of the dance programme. However, there is no mention of it anywhere in the police investigation, and the police have not arrested them, the defence laywers contended.
They stated that the Luthra brothers were not present at the club on the day of the incident and therefore, could not be held directly responsible for the accident. They added that the government's claim that new things are coming to light in this incident is meaningless.
The defence lawyers also argued that the business licence for the club was obtained by the original owner of the premises, Surendra Kumar Khosla and that, the Luthra brothers were running the club as per an agreement with him.
They assured that if the court sets conditions, the Luthra brothers would fully cooperate in the police investigation.
On the other hand, Public Prosecutor Adv Jennifer Santamaria argued on behalf of the government and requested that the application be rejected.
Adv Santamaria stated that the Luthra brothers are the direct beneficiaries of the club's income. She also added that the structure did not have technical approval from the Town Planning (TCP) department and there was no fire-fighting equipment at the Birch club premises, which was highlighted by police statements of eyewitnesses and some club employees.
The PP also raised the issue of bogus documents and forgery, while requesting the court to reject the bail of suspects.
