Lower court order on Goa club fire did not reveal enormity of offence: Why Bombay HC cancelled bail

The Bombay High Court recently overturned bail granted to the owners and partners of a Goa nightclub, Birch, following a devastating fire that claimed the lives of 25 people on December 6th last year. The court criticized the sessions court's decision, stating it indicated an "improper exercise of discretion" and failed to acknowledge the "enormity of the offence."

Justice Dr. Neela Gokhale emphasized that the sessions court's lack of direction for the respondents to regularly report to the Investigating Officer, or seek permission to travel within India, demonstrated a simplistic understanding of the gravity of the situation. The court noted that the respondents had disregarded safety norms by operating the restaurant and authorizing the use of combustible materials in the roof, knowing full well the risks involved.

The High Court pointed out discrepancies in the respondents' behavior after the tragedy. Each partner attempted to shift blame onto others, with one even fleeing to Thailand after the incident. The court highlighted that the decision to grant bail was based solely on the filing of the charge sheet, without considering substantial evidence from the charge sheet that justified a change in stance.

The court concluded that the sessions court's decision to release the respondents on bail was untenable. They argued that the restaurant had been operating without proper licenses due to its unauthorized structure, and that the Respondents and their partners could not have obtained licenses because of the unpermitted nature of the building.

Had they obtained valid licenses, they would have been obligated to install safety measures and adhere to regulations. The court emphasized that this deliberate omission led to the incident, resulting in 25 deaths and numerous injuries.