Goa nightclub fire: Bombay High Court initiates suo motu case, seeks preventive mechanism from State

The Bombay High Court at Goa has taken suo motu cognisance of the alleged systemic failures exposed by the recent Arpora nightclub fire tragedy that killed at least 25 people. [Pradeep Ghadi Amonkar & Anr v. State of Goa & Ors.].A Bench of Justices Sarang Kotwal and Ashish Chavan on Monday converted a writ petition into a suo motu public interest litigation after noting that the petition raised larger issues of illegal constructions, indiscriminate licensing of building premises and poor enforcement by authorities across Goa.It recorded that while local laws empower bodies to act, provisions remain “dead letters” as demolitions are often stayed by appellate authorities and commercial activities continue despite illegality.“In some cases, though the structures are illegal, licenses are granted for commercial businesses. All this has led to a very serious issue in the State of Goa,” the Court said.It proceeded to seek measures from the State to prevent such tragedies in future. .The Court was hearing a petition filed by Pradeep Amonkar and Sunil Divker, owners of the land on which the nightclub stands, against a private dispute with one Surinder Khosla.During the course of the arguments, both petitioners and respondents, including the State of Goa and Arpora village panchayat, submitted that at various levels, some corrective steps are required to be taken. “Both (sides) express the same sentiments that, steps need to be taken to avoid such tragedies in future,” the Court noted.It emphasised the importance of authorities working together proactively instead of shifting blame and the need to fix accountability to prevent a recurrence of such incidents. “Considering the larger issue involved and its cascading efect on the society, all parties must address these issues in a non-adversarial spirit. At this preliminary stage, we notice that it is necessary to assign accountability to the authorities to prevent recurrence of such unfortunate incidents,” the Court said..It directed the court registry to register the writ as a suo motu PIL and appointed the petitioners’ lawyer Rohit Bras de Sa as amicus curiae.He has been directed to file a comprehensive petition touching upon all aspects and covering the entire State of Goa, including different local bodies and different adjudicating authorities..The Court also directed the State government file an affidavit proposing corrective measures and indicate whether a specific officer(s) or authority can be held accountable for preventing such tragedies in future.The matter will be heard again on January 12, 2026..Another PIL is pending before the High Court at Goa filed by a social activist, Aishwarya Salgaonkar. The PIL seeks a court-monitored into the fire tragedy. Most of the 25 victims, who were mainly workers, were found dead in the kitchen area, the petition said. This showed that the staff had been trapped with no way to escape.The petition was tagged with the suo motu case on December 16. .Advocates Rohit Bras de Sa, Priti Deshprabhu and Joel Pinto appeared for Amonkar and Divker.Advocate N Vernekar appeared for State of Goa and State authorities.Advocate P Sawant appeared for Arpora village panchayat.Advocate M Salkar appeared for Goa State Pollution Board.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.