HC seeks Delhi govt reply on plea to restrain authorities from interfering in sale of herbal hookah
New Delhi Nov 24 PTI The Delhi High Court Wednesday sought response of the Delhi Government on a plea by a lounge and bar owner seeking to restrain the authorities from interfering with its business of serving herbal hookah as permitted by the court recentlyThe petitioner Delhi Lounge and Bar Private Limited gave an undertaking before Justice Yashwant Varma that they will follow the norms and will ensure that herbal hookahs will not contain tobacco or nicotineThe plea contended that the authorities were not allowing it to serve herbal hookah that was permitted by its November 16 orderOn November 16 the high court had passed an interim order on a batch of pleas allowing for the time being the use of herbal hookah in restaurants and pubs in the national capital and said that COVID-19 restrictions cannot be permitted to continue at the cost of livelihoodDuring the hearing Delhi government standing counsel Santosh Kumar Tripathi and lawyer Arun Panwar submitted that the lounge management be asked to give an undertaking that they will not serve tobacco or nicotine in herbal hookahsThe petitioner said it was filing an undertaking before the court in terms of the November 16 order that they will only serve flavoured hookahs with the use of disposable pipes while following COVID-19 protocolsThe court listed the matter for further hearing on February 9The November 16 order had come on a batch of pleas by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahsThe high court had said that prohibitions imposed on account of the pandemic cannot go on forever and noted that the authorities have already permitted cinema halls and swimming pools to function at full capacityThe court had clarified that it was granting permission as interim relief and the same was subject to the petitioners giving an undertaking to it that they would strictly follow COVID-19 appropriate behaviour while serving herbal hookahIt had asked the Delhi government to take a call if other restaurants and bars approach it for permission to serve herbal hookah in compliance with COVID-19 protocolSeparate petitions were filed by Breath Fine Lounge and Bar TOS R High Speedbar and Lounge Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh saying that they were serving herbal hookahs for which no licence is required as they are totally without tobacco but the police were still conducting raids seizing equipment and issuing challansThe petitioners challenged the order of the Joint Commissioner of Police Licensing Unit prohibiting the sale or service of herbal flavoured hookahsThe Delhi government has been opposing the pleas saying that for a single mistake the entire Delhi would have to pay a heavy price and allowing hookah consumption in public places may spread COVID-19 since people would be sharing itThe Delhi government has said the use of hookah be it with or without tobacco in all public places including hotels restaurants eatery houses bars pubs and discotheques in the national capital is strictly prohibited as the use or sharing of hookah may further increase the spread of COVID-19Delhi government counsel had referred to the August 3 2020 order passed by the Health Department which observed that in public places use and sharing of hookah with and without tobacco herbal hookah may further increase the spread of coronavirusNow therefore in the exercise of powers conferred by the Delhi Epidemic Diseases COVID-19 Regulations 2020 under the Epidemic Diseases Act 1897 the use of hookah with or without tobacco that is herbal hookah water pipes and other hookahs like devices in all public places including hotels restaurants eatery houses bars pubs discotheques etc of the NCT of Delhi is strictly prohibited with immediate effect for prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV RKS RKS
New Delhi Nov 24 PTI The Delhi High Court Wednesday sought response of the Delhi Government on a plea by a lounge and bar owner seeking to restrain the authorities from interfering with its business of serving herbal hookah as permitted by the court recentlyThe petitioner Delhi Lounge and Bar Private Limited gave an undertaking before Justice Yashwant Varma that they will follow the norms and will ensure that herbal hookahs will not contain tobacco or nicotineThe plea contended that the authorities were not allowing it to serve herbal hookah that was permitted by its November 16 orderOn November 16 the high court had passed an interim order on a batch of pleas allowing for the time being the use of herbal hookah in restaurants and pubs in the national capital and said that COVID-19 restrictions cannot be permitted to continue at the cost of livelihoodDuring the hearing Delhi government standing counsel Santosh Kumar Tripathi and lawyer Arun Panwar submitted that the lounge management be asked to give an undertaking that they will not serve tobacco or nicotine in herbal hookahsThe petitioner said it was filing an undertaking before the court in terms of the November 16 order that they will only serve flavoured hookahs with the use of disposable pipes while following COVID-19 protocolsThe court listed the matter for further hearing on February 9The November 16 order had come on a batch of pleas by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahsThe high court had said that prohibitions imposed on account of the pandemic cannot go on forever and noted that the authorities have already permitted cinema halls and swimming pools to function at full capacityThe court had clarified that it was granting permission as interim relief and the same was subject to the petitioners giving an undertaking to it that they would strictly follow COVID-19 appropriate behaviour while serving herbal hookahIt had asked the Delhi government to take a call if other restaurants and bars approach it for permission to serve herbal hookah in compliance with COVID-19 protocolSeparate petitions were filed by Breath Fine Lounge and Bar TOS R High Speedbar and Lounge Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh saying that they were serving herbal hookahs for which no licence is required as they are totally without tobacco but the police were still conducting raids seizing equipment and issuing challansThe petitioners challenged the order of the Joint Commissioner of Police Licensing Unit prohibiting the sale or service of herbal flavoured hookahsThe Delhi government has been opposing the pleas saying that for a single mistake the entire Delhi would have to pay a heavy price and allowing hookah consumption in public places may spread COVID-19 since people would be sharing itThe Delhi government has said the use of hookah be it with or without tobacco in all public places including hotels restaurants eatery houses bars pubs and discotheques in the national capital is strictly prohibited as the use or sharing of hookah may further increase the spread of COVID-19Delhi government counsel had referred to the August 3 2020 order passed by the Health Department which observed that in public places use and sharing of hookah with and without tobacco herbal hookah may further increase the spread of coronavirusNow therefore in the exercise of powers conferred by the Delhi Epidemic Diseases COVID-19 Regulations 2020 under the Epidemic Diseases Act 1897 the use of hookah with or without tobacco that is herbal hookah water pipes and other hookahs like devices in all public places including hotels restaurants eatery houses bars pubs discotheques etc of the NCT of Delhi is strictly prohibited with immediate effect for prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV RKS RKS
