Passport Complications Delay Luthra Brothers' Return to India Following Deadly Goa Nightclub Fire

New Delhi:

The deportation of the Luthra brothers from Thailand – facing charges of culpable homicide not amounting to murder after 25 people died in the December 6 fire at their Goa nightclub 'Birch by Romeo Lane' – could experience a 48 to 72-hour delay, according to sources who spoke to NDTV on Friday.

This unexpected delay stems from the government's decision to suspend the brothers' passports, a move intended to prevent them from escaping Thailand to another country and potentially disappearing. However, this action has inadvertently left them without valid travel documents, making it legally impossible for them to leave Thailand.

Sources indicate that Thai authorities maintain strict policies regarding foreigners without passports or those who overstay their visas, though they recognize the exceptional circumstances in this case.

Without valid passports, the Luthra brothers now require an 'outpass' or Emergency Travel Certificate issued by the Indian embassy in Bangkok, a process that could take up to 36 hours.

Generating and validating these emergency travel documents demands coordination between India's External Affairs Ministry and the Thai government, involving legal formalities including identity verification and acknowledgment of the brothers' fugitive status.

The Indian government cannot issue these temporary passports until Thai authorities complete their required documentation. Even after individual outpasses are created for Gaurav and Saurabh Luthra, Thai immigration officials must complete additional paperwork to transfer custody to the Goa Police team traveling to Bangkok.

Consequently, the brothers are unlikely to arrive in India before Monday.

Saurabh and Gaurav Luthra fled to Phuket in southern Thailand on December 6, booking tickets at 1:17 am while their establishment was still ablaze, according to police statements in a Delhi court.

Their arrival was documented, with a photograph of Gaurav Luthra clearing immigration quickly becoming viral. The Indian government subsequently contacted Thai authorities – supported by an Interpol Blue Corner notice – to initiate the process of returning the Luthra brothers to face trial.

Under the 2013 extradition treaty between India and Thailand, Bangkok is obligated to return individuals facing minimum one-year imprisonment, which applies in this case; culpable homicide not amounting to murder carries a minimum five-year sentence under Indian law.

However, traditional extradition typically involves a formal request and demonstrating 'double criminality' – presenting evidence to a Thai court proving the accused committed a crime punishable under both Indian and Thai legal systems, a potentially lengthy process.

The Indian government therefore opted for deportation instead, which theoretically would have allowed for the brothers' return within 24 hours. Unfortunately, the passport suspension, though necessary, has created a temporary obstacle.

Meanwhile, the ongoing investigation has revealed several concerning details about the nightclub, including extensive use of flammable materials, lack of fire exits, and absence of fire extinguishers.

The club also lacked adequately wide entrances for fire-fighting vehicles to approach the main structure; firefighters reported having to park 400 meters away, complicating rescue efforts and potentially contributing to the death toll. Investigators also discovered the establishment was operating without fire safety clearance.

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