NT Reporter
Mapusa
The counsel for Luthra brothers in the case of the fire at Birch by Romeo Lane nightclub that claimed 25 lives at Arpora, cited judgments in the Bhopal gas tragedy and the Uphaar Cinema fire case, contending that Section 105 of the Bharatiya Nyaya Sanhita (BNS) is not applicable as there is no case of culpable homicide.
Mapusa District and Sessions Court on Tuesday adjourned the hearing on the bail applications filed by the nightclub owners, Saurabh and Gaurav Luthra.
The matter has now been fixed for January 22, when the prosecution will present its arguments.
On Tuesday, the defense concluded its arguments. The defense said Section 304A was applied to the accused in the Bhopal gas tragedy and the Uphaar Cinema fire case.
Senior counsel Parag Rao said that at the most, Section 125 of the BNS could be applied, for which the punishment is three months’ imprisonment and it is a bailable offence.
Rao also showed a video of the incident recorded on the day of the accident to the court, in which a pyro gun was being used on stage while a dancer was performing. He said the pyro gun used in the club was adjustable and that the person who operated it was responsible, not the Luthras. He further said investigators need to determine how the fire broke out. Rao told reporters that Section 105 of the BNS, which carries a punishment of a minimum of seven or 10 years’ imprisonment, has been applied but is not attracted as there is no culpable homicide.
“We have cited the Uphaar judgment, which was in a much worse situation, and the court has said that Section 304A will apply and not Section 304(2). In that case, a lot had happened compared to our case, where many more deaths took place as victims
were trapped in a cinema hall. Even the Bhopal gas tragedy was cited where over 3,200 deaths took place and Section 304A was applied,” he said.
