Extraditing Goa Nightclub Owners From Thailand: Legal Process Explained After Deadly Fire Claims 25 Lives

The Luthra brothers, Gaurav and Saurabh, owners of 'Birch by Romeo Lane' nightclub in Goa's Arpora, are now at the center of an international legal pursuit following a tragic fire that claimed 25 lives.

Before Indian authorities can prosecute the Luthra brothers for alleged negligence and murder charges, they must first secure their return to India.

The duo fled to Phuket, Thailand on an early morning flight just hours after the devastating midnight blaze engulfed their establishment on Sunday.

According to officials, fireworks have been identified as the probable cause of the inferno at the popular Arpora venue, located approximately 25 km from Panaji.

Fire department representatives previously noted that the club, situated on Arpora river's backwater, had inadequate emergency exits connected only by a narrow bridge, which significantly hindered evacuation efforts during the emergency.

The owners' escape was discovered during a large-scale search operation initiated after authorities filed an FIR. Immigration records revealed that the brothers departed on IndiGo flight 6E 1073 to Phuket at 5:30 am Sunday.

The Luthra brothers had established the Romeo Lane chain across multiple cities including Delhi, Goa, and Yamuna Nagar in Haryana, following their initial successful venture in Delhi, the nightclub Mama's Buoi.

A senior official indicated that this hasty departure demonstrates their "intent to avoid the police investigation."

Following the FIR filing, authorities acted quickly, dispatching a team to Delhi to conduct raids at addresses associated with the accused.

A lookout circular has been issued for the brothers, and authorities are working to enlist assistance from Interpol and the Central Bureau of Investigation (CBI) to facilitate their return.

While the owners remain abroad, police have apprehended key operational staff member Bharat Kohli from Delhi after obtaining transit remand.

To date, authorities have arrested the club's Chief General Manager Rajiv Modak, General Manager Vivek Singh, Bar Manager Rajiv Singhania, and Gate Manager Riyanshu Thakur.

India has the option to invoke the extradition treaty signed with Thailand in 2013 to secure custody of the Luthra brothers.

The treaty, which became effective in 2015, establishes the legal framework for seeking extradition of fugitive offenders, including those involved in terrorism, transnational crimes, and economic offenses.

This agreement provides for the extradition of individuals wanted for trial or sentence enforcement by one 'Contracting State' who are found in the territory of the other 'Contracting State'.

Under the treaty provisions, extraditable offenses must be punishable under the laws of both Contracting States by imprisonment or other liberty deprivation for at least one year, or by more severe penalties.

The treaty designates the Ministry of External Affairs as India's central authority for determining extradition matters, while Thailand's authority rests with the Attorney General.

Each Contracting State must inform the other of any changes to the Central Authority through diplomatic channels.

Extradition requests must be submitted in writing and transmitted to the Requested State's Central Authority through diplomatic channels.

An extradition request must include: a description of the person sought with information to establish nationality and probable location; a statement of facts including time and location of the offense; relevant legal texts establishing each offense and describing potential penalties; and a statement regarding any limitations under the Requesting state's laws.

If the Requested State determines that information supporting an extradition request is insufficient, it may request additional information within a specified timeframe.

All documents submitted under this Treaty must be translated into the official language of the Requested State.

In urgent cases, one Contracting State may request the provisional arrest of the sought person, with such requests made in writing and transmitted through diplomatic channels.

The Requesting state must be promptly notified of the request outcome.

When extradition is granted, the Requested State shall surrender the person from a convenient departure point in the Requested State as agreed by both Contracting States.