Delhi High Court allows herbal hookahs in bars, restaurants in compliance with COVID-19 guidelines

The Delhi High Court on Tuesday allowed restaurants and bars in the city to serve herbal hookahs, subject to compliance with COVID-19 guidelines (MS Breathe Fine Lounge and Bar v. Govt of NCT of Delhi). .The order was passed by Justice Rekha Palli, who granted interim relief to the petitioners on the condition that they file an undertaking stating that only herbal hookahs will be served, there will not be any sharing of pipes and only disposable pipes will be used.The matter is posted for further hearing on February 11, 2022. .The Court further directed the Delhi government and other authorities to not interfere with the services of bar and restaurants serving herbal hookahs..The directions were passed in a challenge to the orders passed by the Joint Commissioner of Police, Delhi in August 2020 that prohibited restaurants and bars from selling and serving herbal hookahs. The petitioners had claimed that since things are getting back to normal and everything is being opened up, there should be no reason to restrain hookah bars from opening, given that it is served in open spaces with disposable pipes. It was further claimed that the livelihoods and means of survival of almost 60-70 employees along with the business revenue of the establishments had gravely been affected due to this order.The plea stated that herbal hookahs do not come under the definition of 'smoking' under the Cigarettes and Other Tobacco Products Act (COTPA), 2003 which meant that it fell outside the purview of the August 2020 order..In September this year, the Court had asked the Delhi government to reconsider its August 2020 order disallowing the use and sale of herbal hookahs at public places in view of the COVID-19 pandemic..[Herbal Hookahs] Delhi High Court asks govt to reconsider prohibition in public places