Prohibition on use of herbal hookahs due to COVID-19 HC unhappy with Delhi governments reply
New Delhi Sep 30 PTI The Delhi High Court Thursday expressed its unhappiness over the Delhi governments response filed on the pleas of restaurants seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs saying it was silent on whether the prohibition order has been reconsidered by DDMAThe high court said it had on September 17 specifically directed the Delhi government to ask the Delhi Disaster Management Authority DDMA to reconsider its August 3 2020 order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 however the authorities failed to inform regarding thisThe court said the Delhi government was directed to file an affidavit why the last years order was not reconsidered in light of the change of situation of the COVID-19 pandemicUnfortunately even though the respondent Delhi government has filed an affidavit trying to justify why the sale of flavoured hookah is not permissible there is no whisper if the decision has been reconsidered by the DDMA or not Justice Rekha Palli saidThe court granted one weeks time to the Delhi government while directing it to file an affidavit specifically stating whether the DDMA has reconsidered the August 2020 order and also reasons for continuing with the decisionIt listed the matter for further hearing on October 8 saying DDMA has to at least apply its mindThe court told the petitioners counsel that in COVID times the authorities are not permitting many things and it needs to be seen whether it should force them to allow this activityIt said nobody was stopping the petitioners from running their restaurants only hookah activity was not permissible presentlyWhile perusing the governments affidavit the court said it was not in compliance with the last order and it was not happy with the responseDelhi government standing counsel Santosh Kumar Tripathi said the situation is very alarming and people need to be disciplinedHe said he has apprised the DDMA about the courts order but he was yet to get instructions from them and sought some time for it On September 17 the high court had asked the Delhi government why DDMAs order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 be not re-considered when breath analyser test was being allowed nowThe high court had issued notice and sought a response from the Delhi government on five separate pleas by restaurants and bars seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs or take coercive steps against themSeparate 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 challenging the order of the Joint Commissioner of Police Licensing Unit prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurantbar being run by themThe pleas said the petitioners are serving herbal hookahs for which no licence is required as they are totally without tobacco but the police are still conducting raids seizing equipment and issuing challansThe petitioners counsel had earlier said as long as the restaurants undertake not to use nicotine in hookah they cannot be prohibited from carrying out their businessesThe pleas have sought to declare that definition of smoking under the Cigarettes and Other Tobacco Products Act COTPA does not cover herbal flavoured hookahs and to direct the authorities not to take any extreme step of suspension or cancellation of registration certificate of the petitionersThe Delhi government has been opposing the pleas saying 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 hookah 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 the purpose of prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV SKV RKS RKS
New Delhi Sep 30 PTI The Delhi High Court Thursday expressed its unhappiness over the Delhi governments response filed on the pleas of restaurants seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs saying it was silent on whether the prohibition order has been reconsidered by DDMAThe high court said it had on September 17 specifically directed the Delhi government to ask the Delhi Disaster Management Authority DDMA to reconsider its August 3 2020 order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 however the authorities failed to inform regarding thisThe court said the Delhi government was directed to file an affidavit why the last years order was not reconsidered in light of the change of situation of the COVID-19 pandemicUnfortunately even though the respondent Delhi government has filed an affidavit trying to justify why the sale of flavoured hookah is not permissible there is no whisper if the decision has been reconsidered by the DDMA or not Justice Rekha Palli saidThe court granted one weeks time to the Delhi government while directing it to file an affidavit specifically stating whether the DDMA has reconsidered the August 2020 order and also reasons for continuing with the decisionIt listed the matter for further hearing on October 8 saying DDMA has to at least apply its mindThe court told the petitioners counsel that in COVID times the authorities are not permitting many things and it needs to be seen whether it should force them to allow this activityIt said nobody was stopping the petitioners from running their restaurants only hookah activity was not permissible presentlyWhile perusing the governments affidavit the court said it was not in compliance with the last order and it was not happy with the responseDelhi government standing counsel Santosh Kumar Tripathi said the situation is very alarming and people need to be disciplinedHe said he has apprised the DDMA about the courts order but he was yet to get instructions from them and sought some time for it On September 17 the high court had asked the Delhi government why DDMAs order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 be not re-considered when breath analyser test was being allowed nowThe high court had issued notice and sought a response from the Delhi government on five separate pleas by restaurants and bars seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs or take coercive steps against themSeparate 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 challenging the order of the Joint Commissioner of Police Licensing Unit prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurantbar being run by themThe pleas said the petitioners are serving herbal hookahs for which no licence is required as they are totally without tobacco but the police are still conducting raids seizing equipment and issuing challansThe petitioners counsel had earlier said as long as the restaurants undertake not to use nicotine in hookah they cannot be prohibited from carrying out their businessesThe pleas have sought to declare that definition of smoking under the Cigarettes and Other Tobacco Products Act COTPA does not cover herbal flavoured hookahs and to direct the authorities not to take any extreme step of suspension or cancellation of registration certificate of the petitionersThe Delhi government has been opposing the pleas saying 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 hookah 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 the purpose of prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV SKV RKS RKS
