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Why Luthra Brother Will Be Deported From Thailand And Not Extradited?
Luthra Brothers To Be Deported From Thailand: How Deportation Differs From Extradition
The brothers left India early Saturday on an IndiGo flight to Phuket. Investigators say their tickets were booked at 1.17 am, while firefighters were still struggling to control the blaze. Their presence in Thailand was confirmed soon after, with photographs of Gaurav Luthra at Phuket airport circulating widely.
Saurabh and Gaurav Luthra, owners of Goa nightclub Birch by Romeo Lane, have been detained in Thailand after fleeing India hours before a devastating fire at their establishment killed 25 people. A Goa Police team is expected to leave for Thailand within the next day to coordinate their return, with officials indicating that deportation is the most probable course.
The brothers left India early Saturday on an IndiGo flight to Phuket. Investigators say their tickets were booked at 1.17 am, while firefighters were still struggling to control the blaze. Their presence in Thailand was confirmed soon after, with photographs of Gaurav Luthra at Phuket airport circulating widely.
The two have since approached a Delhi court seeking protection from arrest, arguing they were not present when the fire occurred. Their plea for four weeks of transit anticipatory bail was rejected. In parallel, the Indian government has suspended their passports, preventing them from leaving Thailand.
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India and Thailand have an extradition treaty signed in 2013, under which Bangkok is obliged to return individuals facing offences punishable by at least one year in prison. The brothers are currently charged with culpable homicide not amounting to murder, a crime carrying a minimum sentence of five years, satisfying the treaty's basic requirements.
Invoking the treaty, however, would involve a formal request and the principle of “double criminality”, requiring India to demonstrate before a Thai court that the alleged offence is recognised as criminal under both countries' laws. Such proceedings can be lengthy; India's extradition efforts involving figures such as Nirav Modi, Vijay Mallya, Mehul Choksi, and Dawood Ibrahim have stretched on for years.
For this reason, officials believe deportation is the quicker and more likely option.
Deportation and extradition both involve a state sending back a foreign national, but they operate under different legal frameworks. Deportation is an immigration action taken when someone violates the host country's entry or residency rules, whereas extradition is a judicial process requiring legal evidence and treaty-based cooperation.
With their Indian passports suspended, the Luthras are in Thailand without valid travel documents, an offence under Thai immigration law. This makes them “undocumented foreigners” and therefore liable for removal. Deportation proceedings are typically swift, meaning the brothers could be returned to India sooner without the prolonged legal complexities of extradition.
Meanwhile, investigators in Goa have uncovered serious safety violations at the nightclub. Early findings reveal the widespread use of flammable materials, a lack of functioning fire exits, and no fire extinguishers. Firefighters also reported that the approach road was too narrow for their vehicles, forcing them to stop almost 400 metres away from the structure. This delay may have contributed to the high number of casualties. Authorities further confirmed that the club did not possess a valid fire safety clearance.
The probe continues as officials prepare for the Luthra brothers' imminent return to face criminal proceedings in India.
Source: ZeeNews
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