The Delhi high court on Tuesday has granted permission for the time being for use of herbal hookah in restaurants and pubs in the national capital.
Justice Rekha Palli said that prohibitions imposed on account of the pandemic “cannot go on forever” while noting that the authorities have already permitted cinema halls and swimming pools to function at full capacity. She was hearing a batch of pleas by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahs.
The court however clarified that the permission is granted only as an interim relief and the same is subject to the petitioners giving an undertaking to it that they would strictly follow Covid-19 appropriate behaviour while serving herbal hookah.
“Subject to the petitioners filing an undertaking, till the next date of hearing, the respondent (Delhi government) will stand restrained from interfering with the service of herbal hookah,” the judge ordered.
“In case of any change in Covid-19 situation, the respondent will be at liberty to move court,” she added.
The court directed the Delhi government to file its response to the petitions and asked it to “take a call” if other restaurants and bars approach it for permission to serve herbal hookah in compliance with Covid-19 protocol.
Petitions were filed separately by Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine, and Sixth Empirica Lounge in West Punjabi Bagh for serving herbal hookahs. According to them, licence is not required for selling herbal hookahs as they are totally without tobacco but the police were still conducting raids, seizing equipment, and issuing challans.
The petitioners challenged the order of the Joint Commissioner of Police (Licensing Unit) prohibiting the sale or service of herbal flavoured hookahs.
The Delhi government has been opposing the pleas saying that for a single mistake, the entire Delhi would have to pay a heavy price, and allowing hookah consumption in public places may spread Covid-19 since people would be sharing it.
