Prohibition On Sale Of Herbal Hukkahs: High Court Expresses Displeasure Over Delhi Govt's Response

The Delhi High Court on Thursday 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.

Justice Rekha Palli was hearing the pleas filed by by various Restaurants and Bars operating in the national capital, aggrieved by the alleged interference of Delhi Government as well as the Police in the sale of Herbal Hukkahs. The Petitioners had challenged the order passed by the Joint Commissioner of Police, prohibiting sale and service of herbal hukkahs in restaurants and bars run by them.

The Court said that the affidavit did not give any clarity over the specific query posed by it regarding Delhi Government's stand as to whether it had reconsidered the order issued by Delhi Disaster Management Authority dated August 3, 2020.

"...there is no whisper if the decision has been reconsidered by the Delhi Disaster Management Authority or not," said the Court.

Accordingly, 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.

The matter will now be considered on October 8.

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.