Covid 19: Allahabad HC Prohibits Serving Of Hookahs In Restaurants/Cafes Until Further Orders [Read Order]

As a preventive measure against the spread of Corona virus, the Allahabad High Court has prohibited the serving of Hookah/s in restaurants, cafes etc., in the State of UP with immediate effect.

The Division Bench comprised by Justices Shashi Kant Gupta and Shamim Ahmed has directed the Chief Secretary of the State to not permit the Bars, Restaurants & Cafes to serve Hookahs until further orders of the Court.

"It cannot be denied that corona-virus cases are increasing day by day and in case public places such as Restaurants & Cafes are not restricted from serving Hookah with immediate effect, there might be chances of vast community spread of corona-virus cases in Uttar Pradesh," the Court observed.

The direction has come in a suo moto case registered by the High Court on the probable spread of Corona Virus through Hookah/s served at various restaurant, cafes, etc.

Allahabad HC Takes Suo Moto Cognizance On Probable Spread Of Corona Virus Through Hookah

The Court had taken cognizance of a letter petition sent by one Hari Govind Dubey, law student from the Lucknow University, urging the UP Chief Minister Yogi Adityanath, Chief Secretary of the state, Director General of Police, Police Commissioner, Lucknow and District Magistrate, Lucknow, to restrict serving of Hookah/s in restaurants, cafes etc., with immediate effect till the pandemic situation subsides.

Treating the letter as a PIL, the Court has asked the Government to respond on the petition by August 6, 2020.

As no response was forthcoming from the State Government, the Court proceeded to dispose of the matter, holding that hookah smoking is prima facie an ideal mode to transmit and facilitate the spread of the contagion through shared use.

"Infection can be transmitted through hookah by waterpipe smoking," the Court said while stressing that serving of Hookahs at public places may amplify the already worsening Coivd crisis in the state. It explained thus:

"The communal nature of water pipe smoking means that a single mouth piece and hose are often shared between users, especially in social settings. The difficult-to-clean long pipes and a cold water reservoir makes them ideal for coronavirus transmission. Infection can be transmitted through hookah by waterpipe smoking."

In this regard the Court cited one such incident at the Jind Village at Haryana, where hookah sharing resulted in a chain of covid infections and as a result the Village had to be sealed while imposing a ban on hookah smoking.

The Court further observed that prima facie smoking is an independent risk factor not only for transmission but also COVID-19 severity.

"Hookah smoke contains several hazardous chemicals in addition to tobacco that may injure the respiratory lining, exposing the smoker to viral infections, tuberculosis and other infectious diseases and the coronavirus is no exception.," the Court said.

It also made a reference to the WHO advice on COVID-19 and hookah use, discerning that hookah or waterpipe smoking should be regulated/prohibited during the present crisis, in wider public interest.

Now, the Court has asked the Chief Secretary of the State to file his response and a compliance report by the next date of hearing through his personal affidavit.

Case Details:

Case Title: Suo Moto v. State of UP & Ors.

Case No.: PIL 716/2020

Quorum: Justices Shashi Kant Gupta and Shamim Ahmed

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