The Delhi High Court on Friday has sought a response from the petitioner restaurants on the short affidavit filed by the Delhi Government. The petitioners had approached the court aggrieved by the Delhi Disaster Management Authority’s Order dated August 3, 2020, whereby it had prohibited sale of Herbal Hookah.
A single-judge bench of Justice Rekha Palli recorded that the Department of Health and Family Welfare, Delhi Government had in violation of the court’s order had not passed an order considering allowing the sale of Herbal Hookah.
The Delhi Government had filed a short affidavit, which was not on record, in the short affidavit the AAP Government had stated the reasons for not allowing the sale of Herbal Hookah.
Previously, the court had directed the Department of Health and Family Welfare, Delhi Government to pass an order considering to allow sale and service of Herbal Hookah in Delhi, whilst also to file an affidavit regarding the consideration.
The separate petitions were filed by Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh, challenging the order of the JCP (Licensing Unit) prohibiting and excluding the sale or service of herbal-flavoured hookahs in restaurants/bars being run by them.
The petitioners stated that they are serving herbal hookahs for which no license is required as they are total without tobacco but the police are still conducting raids, seizing equipment, and issuing challans.
They have sought to declare that definition of ”smoking” under the Cigarettes and Other Tobacco Products Act (COTPA), does not cover herbal flavored hookahs and to direct the authorities not to take any extreme step of suspension or cancellation of the registration certificate of the petitioners.
The Delhi government order passed on August 3, 2020, by the Health Department observed that in public places, the use and sharing of hookah with and without tobacco (herbal hookah) may further increase the spread of coronavirus.
“Now, therefore, 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, discotheques, 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,” the Delhi government order said.
The matter has been listed for further hearing on November 12.