Panaji: Supreme Court on Monday upheld Bombay high court’s order cancelling bail granted to Birch by Romeo Lane co-owners Gaurav Luthra, Saurabh Luthra, and Ajay Gupta in connection with last year’s Arpora nightclub fire that killed 25 people.“We are not inclined to interfere with the impugned judgment and order of HC; hence the special leave petitions are dismissed. However, the petitioners are granted two weeks to surrender, failing which law shall take its own course. The trial court is encouraged to expedite the process of framing of charge(s),” stated the bench of Justices Dipankar Datta and Sheel Nagu.On Aug 18, HC had cancelled the bail of the three accused individuals, stating that the gravity of the offences alleged against them must not be undermined. HC held that the lower court was not justified in concluding that the offences were “not heinous as murder or dacoity”.HC observed that the accused had, prima facie, deliberately ignored safety norms while operating the restaurant and had authorised the use of cold pyro fireworks despite knowing that combustible material had been used in the roof. It further noted that the house number was distorted to obtain a trade licence, which was then used to forge the health NOC and procure an excise licence.According to HC, the material on record was sufficient to prima facie point the “arrow of intent” toward the partners. It also found that each partner attempted to evade individual responsibility, engaging instead in a blame game.While cancelling the bail, HC also noted that the restaurant was operating without licences, and that the partners were unable to obtain licences because the structure itself was unauthorised. The court said that, had valid licences been secured, the establishment would have been required to install safety measures and comply with regulations. It concluded that this deliberate omission led to the incident, which killed 25 people and left many others injured.
