Goa nightclub fire: Club owner Luthras among 13 chargesheeted

Surinder Kumar Khosla, a 78-year-old UK national and owner of the property on which the unauthorised structure housing the nightclub Birch had been operating, has also been named as an accused in the chargesheet. An Interpol Blue Notice – to locate, identify, or obtain information about a person of interest — had been issued for his arrest and he remains absconding, police said.

Gaurav and Saurabh, who ran the club, had taken a flight from Delhi to Phuket at 5.30 am on December 7, just hours after the incident, which took place just before midnight the previous day. The duo booked the tickets at 1.17 am on December 7 to flee the country, within 90 minutes of the blaze. They were later deported to India and arrested by the Goa Police.

The chargesheet states that due to the “irresponsible acts” of the accused persons, 25 people lost their lives in a mass casualty event causing “irreparable loss which shattered 25 families reflecting gross criminal negligence and utter disregard for human life and complete failure of the accused to adhere to statutory and safety norms.” It adds that the managers of the club, who were arrested later, revealed that they had been in contact with Luthra brothers and received calls from them, suggesting that they were aware of the seriousness of the incident and casualties before fleeing.

The chargesheet states that Luthras along with Ajay Gupta and Surinder Kumar Khosla “fraudulently inserted House No. 502/1 RT-8 by forging the instrument of licence and obtaining permissions from different authorities”. It said probe has found that the accused used a forged house number of a non-existing structure to apply for licences such as a trade licence from the village panchayat, excise licence and consent to operate and that such acts had been done “in connivance with the local sarpanch and panchayat secretary.” It added that the accused ran the place without fire clearances, equipment or training for the staff despite having a huge kitchen and a capacity to serve 150 people.

A magisterial inquiry, set up to probe the fire, had earlier found that the local panchayat “colluded” with the owners of the property, allowing the club to be run illegally without a valid trade licence. The panchayat “failed in its statutory duty” and took no action to seal the property or shut its operations, the inquiry report said. The report further said the panchayat issued house number and trade licenses to illegal structures in survey number 159/0, in a resort belonging to Surinder Khosla [property owner and an accused], “knowing fully well that these shops are recent constructions on a salt pan” and a violation of Coastal Regulation Zone (CRZ) rules.

In the 4,150-page chargesheet filed before the Judicial Magistrate First Class, Mapusa, police have examined a total of 305 witnesses. According to the chargesheet, the accused have been charged under sections 105 (culpable homicide not amounting to murder), 125 (act endangering life or personal safety of others), 125 (a), 125 (b), 287 (negligent conduct with respect to fire or combustible matter), section 338 (forgery of valuable security, will), 336 (3) (forgery), 340(2) (forged document or electronic record and using it as genuine) and 61(2) (criminal conspiracy), 238 (causing disappearance of evidence) and 241 (destruction of document) of BNS.

Goa Police had booked the Luthra brothers and the club’s partners, manager, event organiser and other managing staff under charges of culpable homicide. The FIR said the restaurant was operating without obtaining the requisite licenses and that the accused persons, “without taking proper care and caution, without providing fire safety equipment and other safety gadgets, organised fire show at their restaurant/club which resulted in a serious fire due to which 25 innocent people succumbed to death and also caused injuries to tourist and staff, in spite of having full knowledge that organizing such show may lead to serious fire accidents…”

Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More

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