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The Delhi High Court today asked the Delhi government to reconsider its order prohibiting use of herbal hookah in public places in view of Covid 19 when the Police had started breathe analyzer test.

The single judge bench of Justice Rekha Palli was hearing a batch of pleas filed by five restaurants and bars namely Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh, seeking a direction to the State Government and Police not to interfere with the sale of herbal flavoured hookahs

The petitioners have challenged the order of Joint Commissioner of Police (Licensing Unit) prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurant/ bar being run by them. seeking direction to the state and police to sale of herbal flavoured hookahs or take coercive steps against them.

It has been argued by the petitioners that they are serving herbal hookahs for which no licence is required as they are totally without tobacco but the police was still conducting raids, seizing equipments and issuing challans.

Delhi government standing counsel Santosh Kumar Tripathi however opposed the plea saying that the Government could not allow consumption of herbal hookah as it would lead to spread of Covid since the same is shared while consuming.

The Health Department of the Delhi Government had issued an order which stated that “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 matter will be heard next on September 30.

Case Title:  Batch of Petitions