The Delhi High Court Thursday sought the response of the city government and police to a plea by two restaurants seeking directions to the authorities not to interfere with the sale and service of herbal flavoured hookahs in their bars and establishments.
Justice Yashwant Varma noted a batch of petitions raising similar issues are already pending where, by an interim order on November 16, 2021, the high court had allowed the sale and service of herbal hookahs in several restaurants in the city subject to the owners filing an undertaking they will strictly follow COVID-19 appropriate behaviour while serving herbal hookah.
The high court said the petitioners – Epic Restro Bar and Downtown Village – are also entitled to identical interim relief. It asked the Delhi government and police to file response within six weeks and tagged it with the similar pleas.
The petitioner establishments have sought quashing of the August 3, 2020 order passed by the Delhi government's Health and Family Welfare Department banning the use of hookah, with or without tobacco, in public places on account of the COVID-19 pandemic.
The petitioners contended Delhi Police officials have been interfering in their business of serving herbal hookah and were harassing them by repeatedly demanding money.
They said when they showed them the high court's order permitting the sale of herbal hookah, the police threatened them with dire consequences.
“The petitioners are only selling / serving Herbal Hookahs which do not contain nicotine or tobacco but only contains sugarcane fiber and tea leaves mixed with honey, molasses and flavouring, which is not injurious to health and does not come under the definition of smoking as contained in cigarettes and other tobacco products (prohibition of advertisements and regulation of trade and commerce production, supply and distribution) Act, 2003,” the plea said.
The petitioners said police officials were unnecessarily and without any valid justification harassing them and not allowing them to sell or serve herbal hookah. The continued interference by officials is affecting their businesses, they contended.
The Delhi government, in its affidavit filed in connection with the previous batch of petitions, had stated the “very nature of the mechanism of hookah increases the risk of transmission of the virus” which the infected smokers can spread through contaminated aerosol particles floating in the air.
-With PTI Input
