New Delhi Oct 21 PTI The Delhi High Court Thursday directed the Delhi Police not to harass restaurants and bars which have filed pleas seeking permission to sell and serve herbal flavoured hookahs and not to park their vehicles outside their premisesThe court said the police can do random checks in restaurants and bars to see if hookahs are being served but cant keep police personnel posted there as it will affect customersJustice Rekha Palli took on record the statement by the counsel for Delhi Police that they will not park vehicles outside the premises subject to random checks by police and that the restaurants and bars will not serve hookahs till an order is passed by the court on their petitionsThe court was informed that the concerned department of the Delhi government has re-considered the August 3 2020 order of the Delhi Disaster Management Authority DDMA prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 and the authorities have reiterated that the restriction would continueThe fresh order was passed by the authorities on October 14 reiterating the stand that prohibition on the use of hookah will continue to be enforced till further ordersThe high court directed the Delhi government to reconsider the matter within five days and in case they still feel prohibition is necessary an affidavit be filed in this regardIt listed the matter for further hearing on October 29The court had earlier issued notice and sought a response from the Delhi government on separate pleas by several 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 themThe court had earlier also directed the authorities to reconsider the matter in view of changed circumstancesDuring the hearing the petitioners counsel said the October 14 order has been passed by the authorities on the presumption that hookah is being served in closed places and on sharing basisThe counsel said they were ready to make a statement that they will serve it only in open space and disposable pipes will be used in hookah and it will not be on sharing basisThe counsel further said though restaurants are providing other services also in order to harass them police have parked their vehicles outside the premises due to which very few customers are entering thereThe restaurants said they do not want to be harassed as it is having a deterrent effect on their business and they are not being able to earn a livelihoodOn 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 nowSeparate 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 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 the purpose of prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order saidPTI SKV SKV RKS RKS

New Delhi Sep 17 PTI The Delhi High Court Friday asked the AAP government why its order prohibiting use of herbal hookah in public places to contain spread of COVID-19 be not re-considered when breath analyser test is being allowed nowThe high court issued notice and sought response of 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 themIssue notice Delhi government counsel seeks time to get instructions as to why August 3 2020 order is not reconsidered when breath analyser test is being allowed now It is expected that DDMA will consider this aspect urgently Justice Rekha Palli said while listing the matter for further hearing on September 30The court said why should this order relating to ban on hookah be not reconsidered when Delhi Police has also started breath analyser testSeparate 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 Joint Commissioner of Police Licensing Unit prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurant bar 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 is still conducting raids seizing equipments and issuing challansThe petitioners counsel submitted that in their restaurants they are providing single hookah and not the shared one and only about 5 to 10 per cent of guests visiting there are desirous of using hookahThe counsel said they have much more quantity of hookah than the requirement and since the authorities have re-commenced breath analyser test there is no reason why this activity be not allowedThe counsel named another lounge and bar and claimed that hookah service is going on there and the petitioners cannot be discriminated withThe pleas were opposed by Delhi government standing counsel Santosh Kumar Tripathi who said 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 itHe further said herbal or non-herbal we are not allowing any type of hookah We are wearing mask even when we are driving car alone How can we allow hookah to be shared from one person to another Hookah is not that important our lives are more important When the petitioners counsel said she was giving an undertaking that each person will be using single hookah in the restaurant the Delhi government counsel said not even single hookah can be allowedThe Delhi government has said 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 use or sharing of hookah may further increase spread of COVID-19The 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 petitionersDelhi 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 spread of coronavirusNow therefore in 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 SA