The Delhi court has refused to give interim relief to the Luthra brothers, the owners of the Goa nightclub Birch by Romeo Lane, which burned down this week, killing 25.
The two had appealed for an anticipatory bail of four weeks, citing health concerns from Thailand early on Wednesday.
The Rohini Court of Delhi sought a response from the Goa government on the transit anticipatory bail filed by Gaurav and Saurabh Luthra.
The matter was listed for December 11.
The brothers said that they are seeking protection to come back to Goa and approach the courts in Goa for further relief, as they apprehend arrest after landing in Delhi.
They said that the culpability of the incident cannot be attributed to them, as the local managers of the club have already been arrested.
They also said that the state in engaging in a witch hunt as they were not the owners of the club in question and were only licensees.
They said that they did not manage the day-to-day operations of the Arpora nightclub that caught fire.
The brothers also told the Delhi court on Wednesday that they had not fled the country and they were on Thailand for work as they could not return to India as they feared arrest.
Indian authorities are in touch with Thai officials to geolocate the two brothers who are currently in Phuket to get them deported based on an arrest warrant instead of going through an extradition process, which might take longer.
The two had left for Thailand about 6 hours after the fire at the club on a flight at 5:03 am on Sunday.