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Synopsis

The National Restaurant Association of India has moved the Calcutta High Court against the alleged harassment of the member restaurants by the Police for serving Hookahs in their respective establishments and verbal direction not to serve hookahs.

The plea filed through Advocate Meghla Das submits that the Mayor of Kolkata had verbally announced on December 2, 2022, that from now on no hookahs can be served in restaurants and restaurants-cum-bars. The police authorities are acting based on such verbal announcement, the plea adds.

It argues that the alleged harassment by the Police is unlawful and affects their businesses.

The plea submits that when there is no written order or notification by any authority prohibiting the service of hookahs in restaurants and restaurant cum bars the threat of coercive measures and verbal directions by the police authorities not to serve hookahs or face penal action is beyond the powers vested upon such authorities.

Additionally, the petition raises the issue, "Whether when under the Act and the judgements pronounced in this regard service of hookahs are not prohibited, do the Mayor of Kolkata have any authority or jurisdiction to make a verbal declaration prohibiting the service of hookahs and the police after being aware of the legal position can act on the basis of such verbal announcement?" 

It states that there is no written order or any notification passed by any authority prohibiting the service of hookahs in restaurants and restaurant cum bars and thus the present acts and activities of the police authorities are baseless, illogical, and being made only to harass the members of the association.

The Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Productions Supply and Distribution) Act, 2003, in no way, prohibits the serving of hookahs in restaurants and restaurant-cum-bars, and the said Act being a Central Act has framed various regulations with regard to the smoking and sale of tobacco, the plea adds.

Case Title: National Restaurant Association of India & Anr Vs. The State of West Bengal and Ors.