'Everything Is Going On, You're Opening Ram Leelas': High Court Tells Delhi Govt Over Prohibition On Herbal Hukkahs Amid Covid-19

The Delhi High Court on Friday expressed its unhappiness over Delhi Government's stand in the plea challenging prohibition on sale and serving of herbal hukkahs in restaurants and bars amid Covid-19.

Justice Rekha Palli was hearing the pleas challenging an order of the Joint Commissioner of Police, prohibiting sale and service of herbal hukkahs in restaurants and bars.

The Court said that it was unable to appreciate the stand of the Delhi Government as it was expected that the GNCTD would reconsider the matter in light of the order issued by Delhi Disaster Management Authority dated August 3, 2020.

Advocate Santosh Kumar Tripathi appearing for GNCTD submitted that according to the Delhi Disaster Management Authority, the said order was passed by a different agency being the Department of Health and Family Welfare of the Delhi Government and that the Court may direct the Principal Secretary of the said department to treat the petition as a representation wherein the delegation may meet and decide the issue after convincing the authority.

To this, the Court said:

"They have a right. There is not question of convincing them. What is the DDMA doing? Why is it not reconsidering?"

It was however the stand of the Delhi Government that DDMA being a separate Authority, had no control over the orders passed by another agency including the orders with regards to Covid-19 pandemic.

"You're not giving me any reasons. The Health Department is also your government, no? You are for the GNCTD. You have to tell me. I expect the Ministry to do it. You're appearing for both," the Court said.

"You're opening Ram Leelas. Everything is going on, you have to tell me," it added.

Accordingly, the Court granted further time to the Delhi Government to enable the Department of Health and Family Welfare to recon for reconsidering the aforesaid aspect.

The matter is now listed for further hearing on October 18.

Earlier also, the Court had expressed displeasure on the affidavit filed by Delhi Government in the plea challenging prohibition on sale and serving of herbal hukkahs in restaurants and bars amid Covid-19.

One week time was granted by the Court to the Delhi Government for filing a fresh affidavit, especially indicating whether the said order has been reconsidered or not.

According to the order issued by the DDMA, since smokers are likely to be vulnerable to Covid-19, and since the use and sharing of hookahs may further increase the spread of the virus, it was stated thus:

"...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, disco theques, 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."

Earlier, the Court had asked the Disaster Management Authority of the Delhi Government to consider and resolve the issue of allowing restaurants and bars to serve and sell Herbal Hukkahs, on an urgent basis.

The petitioners had contended that individual hukkahs are provided to the customers in the restaurants and eatery houses run by them and that they are not shared with other customers at any cost.

Case Title: Breathe Fine Lounge And Bar v. GNCTD; MS Tos Through Its Director v. GNCTD & ANR.