Herbal Hukkahs: Delhi High Court Directs Police Not To Harass Restaurant Owners Unnecessarily; Allows Random Checks

The Delhi High Court has directed the city police not to harass owners of restaurants and bars that serve herbal hukkahs. The Court has however permitted the police to conduct random checks as and when necessary, in case of complaints or other circumstances.

The development comes following the stand taken by petitioners that they are willing to serve herbal hukkahs only in open spaces by using disposable pipes.

Accordingly, Justice Rekha Palli has asked the Delhi Government to reconsider, in the next five days, its order prohibiting serving of herbal hukkahs.

On the previous hearing, the Court had directed the department of Health and Family Welfare, Delhi Government to reconsider the matter in view of the circumstances and also the latest order passed by the Delhi Disaster Management Authority by which more activities have been permitted in the national capital .

The Delhi Government however, on October 14, reiterated that the prohibition on use of hukkahs with or without tobacco, will continue to operate in all public places including hotels, restaurants, bars etc.

The petitioners on the other hand have contended that they were not permitting any sharing of hukkah pipes as they were only using disposable pipes. It was also submitted that the petitioners will serve herbal flavored hukaahs only in open spaces. 

It was also argued that the Delhi police in order to harass the petitioners parked their vehicles outside their restaurants and eatery houses as a result of which very few customers were entering the restaurants as they did not want to be harassed in any manner. 

The Respondents on the other hand submitted that it will be ensured that no police vehicles are parked outside the restaurants and that the same would be subject to the police taking random checks as and when required.

"In the light of the aforesaid stand taken by respondents, it is directed that till the next date, the respondent no 2 will not unnecessarily harass or park vehicles outside though they are permitted to make random check as and when necessary," the Court ordered while listing the matter next on October 26.

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

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.