New Delhi. Luthra brothers, accused in the Goa night club incident, are in the custody of Thailand Police. But even after more than 24 hours had passed, both of them were not deported to India. Whereas, the Ministry of External Affairs of India has canceled the passport of Luthra Brothers. On the recommendation of CBI, Interpol has also issued a Blue Corner Notice against Saurabh Luthra and Gaurav Luthra. However, Indian investigation agency CBI has also reached Thailand to arrest Luthra Brothers. It is being said that the process of bringing Luthra Brothers to India has started and they can be brought back to India in the next two-three days. But before coming to India, Luthra Brothers have also started a new recipe, which was adopted by Gulshan murder accused Nadeem in London. In such a situation, the big question is, what is the A to Z plan of CBI for Luthra Brothers accused of death of 25 people in Goa Night Club accident?
Saurabh and Gaurav Luthra, who were absconding in the Goa Night Club fire case, have been caught by Thailand Police. Indian investigative agencies have heaved a sigh of relief with both of them being in custody, but the path to bringing both of them to India does not seem easy. According to legal experts, the entire extradition process may take a long time due to Thailand’s strict laws and technical difficulties.
Luthra Brothers are currently in Thailand.
When will Luthra Brothers be brought to India?
The fear that is haunting the Indian investigating agencies is that the Luthra Brothers case may also become like the extradition of musician Nadeem Saifi, the main accused in the 1997 Gulshan Kumar murder case. Nadeem lived in Britain. Despite the extradition treaty between India and Britain, Nadeem fought a continuous legal battle in the British courts. The British court had rejected his extradition request, questioning the evidence of the Indian investigation. Nadeem has not come to India even today.
Is there an extradition treaty with Thailand or not?
The Luthra brothers also have every opportunity to challenge the Indian request in the Thai courts, which could delay the process. Since both the brothers are not citizens of Thailand, there cannot be any problem in their deportation or extradition. But considering the human rights violations and the treatment of prisoners in Indian jails, this matter may definitely be postponed for a few days. For this, the Indian investigating agencies will have to tell the court there that after being arrested, both of them will be treated properly.
25 people died in a fire in a nightclub in Goa. (PTI)
Will Luthra Brothers challenge in Thai court?
There is an extradition treaty between India and Thailand since 2013. This is the biggest relief for Indian agencies. Let us tell you that due to the absence of an extradition treaty, India mostly has to make requests under ‘deportation’ or ‘mutual legal assistance’ instead of extradition under the laws of Thailand. This process is complex and untimely. Even though the Luthra brothers, being Indians, may be living in Thailand illegally, Thai law gives them the right to appear in Thai courts and have a legal defense against deportation to India.
What evidence will Indian agencies provide for extradition?
The Thai court can demand concrete evidence related to the entire case and proof of the legality of extradition from the Indian investigating agencies. If they are not satisfied, the request may be rejected. International law experts believe that if the Luthra brothers try to prolong the legal process, it may take 6 months to 1 year to bring them to India.
What is the challenge before Indian investigative agencies?
According to Indian investigative agencies, the deportation is stuck due to the legal procedures there. Even a day after being detained by the Thai immigration officials, the Luthra Brothers have not been able to return to their country. The main reason for this delay is said to be the legal process required under Thai laws. The passports of the Luthra brothers have been cancelled. This means that they will have to make an emergency travel document to get out of Thailand. On the other hand, a Delhi court has completely rejected the transit anticipatory bail plea of Gaurav and Saurabh Luthra. Considering his conduct and the seriousness of the case, the court clearly refused to grant relief.
Luthra brothers have fled out of India.
what does the law say
According to legal experts, ‘The quickest way is for the accused to voluntarily agree to come to India. Otherwise, the Government of India will have to make an extradition request through the Government of Thailand. When the case goes to Thai courts, the process becomes lengthy. However, the Indian government will try to speed up the process by using high diplomatic pressure.
Will there be any problem in bringing it to India?
However, there is a problem in bringing Luthra Brothers to India. Actually, the passports of both have been suspended. In such a situation, the Government of India will have to issue some paper for them. After suspending the passport of the Luthra brothers, the Indian agency will now issue an emergency travel certificate in their name, which will make it easier to deport both of them. For this, Luthra Brothers will now be taken from Phuket to Bangkok, where the process of emergency travel certificate will be completed. Only after this will it be possible for both the brothers to return to India.
Goa incident accused absconds from Indigo flight.
Will Nadeem Saifi’s story be repeated?
The process of bringing Saurabh and Gaurav Luthra, the two owners of Goa night club Birch by Romeo Lane, to India has been expedited. But if Luthra Brothers adopts Nadeem Saifi’s method then this process may take a few more days. A team from the Indian Ministry of External Affairs, Indian Embassy in Thailand and CBI is coordinating with the local agencies there.
Both the brothers staying in Phuket are under police surveillance. The Government of India has already suspended the passport of Luthra Brothers. However, Indian investigating agencies are confident that the Luthra brothers can be brought to India by Monday. For this, the agencies are busy completing the paper process. Local agencies have brought the Luthra brothers from Bangkok to Phuket as part of the deportation process.
