Delhi High Court Dismisses Plea Against Ban On Sale & Service Of Herbal Hookah In Restaurants Amid COVID-19

The Delhi High Court on Tuesday dismissed a plea against the ban on sale and service of herbal hookahs in restaurants and bars in the national capital, on account of the surge in COVID-19 cases.

Justice V Kameswar Rao took note of the recent order issued by the Delhi Disaster Management Authority dated January 11, 2022 wherein the sale and service of such herbal hookahs has been banned in view of the rising positive cases of COVID 19 in the city.

Advocate Anubhav Singh appearing for the petitioner relied on the order passed by Justice Rekha Palli dated November 16, 2021 which had permitted the service and sale of herbal hookahs as an interim measure in the restaurants and bars in the city subject to them complying with the Covid-19 protocols, use of disposable pipes and serving only in public spaces.

Accordingly, he sought a similar benefit identical to the earlier order.

On the other hand, Santosh Kumar Tripathi, appearing for the Delhi Government, on instructions submitted before the Court that the order relied by the petitioner dated November 16, 2021 had no applicability in the matter for the reason that it was passed at a time when there was no surge in the cases of COVID 19.

He added that the recent order passed by the DDMA this month directing closure of restaurants and bars was invoked till date and it was for this reason that no directions could be issued to permit herbal hookahs even with covid protocols.

Tripathi also submitted that the authorities have been reviewing the situation from time to time and are passing relevant orders after consulting the experts in view of a larger public interest.

Agreeing with the submissions, the Court found no merit in the petition.

"In view of the order dated January 11, 2022, no direction can be given as sought in the petition. The order dated November 16, 2021 is distinguishable. There is no merit in the petition and the same is dismissed," the Court said.

The petition was accordingly dismissed.

Case Title: M/S PUNTER HOUSE CAFE Vs. GNCTD & ORS.