Someone must be held accountable: HC converts civil suit on Goa nightclub tragedy into PIL

Panaji/Bangkok, Dec 15 (PTI) The Bombay High Court on Monday converted a civil suit against Birch by Romeo Lane nightclub into a Public Interest Litigation (PIL), saying "someone has to be held accountable" for the tragedy in which 25 people were killed.

In a related development, Thai authorities are set to take up the case involving Gaurav Luthra and Saurabh Luthra, the co-owners of the nightclub, with a Bangkok court likely to decide the next course of action, according to sources.

The Luthras left for Phuket, Thailand, shortly after the fire incident. An Interpol Blue Corner Notice has been issued against them.

They were detained by Thai authorities in Phuket on December 11 following an intervention by the Indian mission, which is in close touch with the Thai government in the case.

The Goa police have arrested six persons, including managers and staff members of the club, so far in connection with the December 6 fire tragedy.

In a stern observation, the Goa bench of Justices Sarang Kotwal and Ashish Chavan said the local panchayat had "failed to take suo motu cognisance" of the club and had taken "no action despite complaints." The bench pointed out that commercial operations were continuing in the structure despite it having been served a demolition order and directed the Goa government to file a detailed reply on the permissions granted to the facility.

The High Court had fixed January 8 as the next date of hearing.

The original petition was filed after the December 6 tragedy by Pradeep Ghadi Amonkar and Sunil Divkar, the owners of the land on which the nightclub was operating.

Advocate Rohit Bras de Sa, the lawyer representing the petitioner, was made amicus curiae in the matter and has been asked to file a detailed affidavit in the matter.

In their petition, Amonkar and Divkar highlighted "the alarming pattern of statutory violations that have remained inadequately addressed despite multiple complaints, inspections, show-cause notices, and even a demolition order".

They contended that these violations posed "immediate threats to public safety, ecological integrity, and the rule of law in the state of Goa." Investigations by multiple agencies into the nightclub fire have revealed various irregularities, including the lack of permission to operate the nightclub.

According to the sources in the Indian Embassy in Bangkok, all relevant documents related to the two brothers have been transferred through official legal channels.

Legal developments suggest the case is likely to be argued before a Bangkok court, they said.

"The matter is expected to move forward once a local court in Bangkok begins hearing the case. However, there is no clarity yet on the timeline, as proceedings will depend on when the judge takes up the matter," sources in the embassy told PTI.

Senior advocate Javed Mir is leading a team of lawyers representing the Luthra brothers, while advocate Vaibhav Suri has also reached Bangkok.

Various legal options under Thai law are being explored to contest the case, sources said.

The Indian government, after cancelling the passports of the two brothers, has submitted a dossier to Thai authorities alleging their involvement in the deaths of 25 people.

The allegations, sources said, take the case beyond the scope of culpable homicide.

India has also formally requested Thai authorities to deport the brothers.

Thai authorities, meanwhile, are examining the legal complexities involved.

The brothers are stated to have entered Thailand on valid travel documents, which were later revoked by Indian authorities, leaving them without valid papers. This has prompted Thai officials to examine the issue from multiple legal perspectives, including aspects related to basic human rights, sources said.

Indian government sources on Friday have reportedly said that authorities in Thailand are initiating the process to deport the Luthra brothers.

However, with legal and diplomatic considerations at play, the embassy sources indicated that the duo is unlikely to return to India in the immediate future.

The matter is now expected to be subject to detailed arguments before a local court, where all parties will be heard before any final decision is taken, they said. PTI RPS COR SCY BNM NSK