Herbal hookahs allowed in Delhi bars, restaurants, says HC

The court said that in case of any unfortunate change in the pandemic situation, the government can move an appropriate application for modification of the order.

The Delhi High Court Tuesday restrained authorities from interfering with the use of herbal-flavoured hookahs in restaurants and bars located in Delhi.

Justice Rekha Palli said that the court order will remain subject to the petitioners filing an undertaking before it that they will strictly follow Covid protocol. The court also said that in case of any unfortunate change in the pandemic situation, the government can move an appropriate application for modification of the order.

“What do you have to say? Now that you have opened everything. Cinema halls full strength. Swimming halls full strength. What is this happening now? You want to ban hookah but that is a different thing. Now you cannot take the plea of Covid. Today there is an order passed by a coordinate bench saying hookahs will be permitted. This (prohibition) cannot be permitted anymore. I have given you a long rope. These people cannot stop working,” said the court.

The court was hearing petitions filed by the owners of a number of restaurants and bars against the prohibition of hookahs at their places. They argued that a coordinate bench of the High Court in December 2019 has held that it would only be hookahs that contain tobacco or nicotine that would be covered under the provisions of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act. It was also argued that all places including schools have now been allowed to function on account of the improved Covid situation.

Justice Palli observed that the prohibition cannot go on endlessly and such prevention or precaution cannot be at the cost of the livelihood of people. “Your Chief Minister is today saying that we are out of Covid unless the variant comes. Today that is the big headline. You are saying that a pandemic is still ongoing with a strong likelihood. What is this?” observed the court while referring to the reply filed before it.

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