Calcutta High Court Upholds Single Judge's Order Which Held That Hookah Bars Could Not Be Shut Down Until State Govt Enacts Law To Ban Them

The Calcutta High Court has upheld an order passed by a single bench which had held that hookah bars across the state of West Bengal could not be shut down pursuant to the court's orders until the state government enacted a law banning their operation.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya upheld an earlier order passed by a bench of Justice Rajasekhar Mantha and dismissed the present appeal by the Kolkata Municipal Corporation (KMC).

Earlier, the single bench had passed the aforesaid orders in a plea moved by the National Restaurant Association which had approached the court against the Kolkata Police's action against hookah bars to shut them down in certain parts of the city.

The Association had argued that the police's decision to close hookah parlours was contrary to the Cigarette and Other Tobacco Products Act, 2003, which was a central law and that since hookah did not come under the purview of the 2003 Act, the police could not shut down hookah bars. Upon hearing the arguments, the single bench had held that in case the state wanted to prevent hookah bars from operating, they would have to enact a law banning the operation of the same. 

During the present proceedings, the division bench reiterated that in case the state wanted to close down hookah bars, it would have to enact a law banning them.

Accordingly, it dismissed the appeal.

Citation: 2024 LiveLaw (Cal) 142

Case: THE KOLKATA MUNICIPAL CORPORATION AND ANR VS NATIONAL RESTAURANT ASSOCIATION OF INDIA AND ORS 

Case No: MAT 157/2023