Calcutta High Court allows use of hookah in licensed restaurants and bars

The Calcutta High Court on Tuesday allowed use of hookah in restaurants and bars in the State after noting that the Central as well as the State governments earn huge revenue by lawful sale of tobacco products [National Restaurant Association of India vs State of West Bengal]..Single-judge Justice Rajasekhar Mantha said that since the West Bengal government has not framed any rules to regulate the use of hookah in restaurants and bars, the local bodies or the police, in such a situation, cannot take action against licensed outlets. "The State Government has not framed any rules as on date. In the absence of any rules under the statute neither the Kolkata Municipal Corporation nor the Bidhannagar Municipal Corporation can pass orders against use of Hookahs in bars and restaurants having a valid license," the Court said. Such bars and restaurants, the judge said, are however, required to strictly comply with the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA)..The bench was seized of a writ petition filed by the National Restaurant Association of India (NRAI) challenging the cases registered against some of its members by the civic authorities and the Police for serving hookah. Senior Advocate Jaydip Kar for the NRAI told the bench that his clients were only using tobacco, nicotine and herbal products in hookah, which are permissible under the law. .In his short order, Justice Mantha said that since there is no law banning the use of tobacco, nicotine and herbal products in bars and restaurants subject to the rules and regulations, thus, neither the Kolkata Municipal Corporation nor the Bidhannagar Municipal Corporation can restrict the use of hookahs."This Court cannot ignore the fact that both the State and Central Government earn huge revenues from sale of tobacco products that are lawfully sold in this country. The question of separate trade license for promoting the use of hookahs for a restaurant or bar does not and cannot arise. Any direction contrary to this, issued by the Kolkata Municipal Corporation or the Bidhannagar Municipal Corporation is illegal and bad in law," the bench held. However, this order, the judge clarified would not prevent the authorities from ensuring that other laws are not violated by the restaurant and bar owners.With these observations, the bench disposed of the petition. .Senior Advocate Jaydip Kar along with advocates Jishnu Saha, Krishnendu Sarkar and Meghla Das appeared for the Petitioners.Advocates Rajdip Roy, Anindyasundar Chatterjee and Goutam Dinda represented the Civic Authorities. .[Read Order]