New Delhi: The Delhi High Court on Wednesday allowed the use of herbal hookah in restaurants and bars in the national capital. However, it is important to note that the court has allowed the use of Hookah for the time being. The court while pronouncing the judgment said that the coronavirus curbs can’t be permitted to continue at the cost of livelihood.
Various pleas were filed by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahs in the national capital. Justice Rekha Palli said that the prohibitions imposed on account of Covid-19 “cannot go on forever” and stated that the authorities have already permitted cinema halls and swimming pools to function at full capacity.
Justice Palli also added that the bars and restaurants would give an undertaking that they will serve only herbal hookah following strict coronavirus protocols.
“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 noted. “In case of any change in Covid-19 situation, the respondent will be at liberty to move court,” she added.
To recall, the Delhi High Court, in September had asked the AAP government why its order prohibiting use of herbal hookah in public places to contain spread of COVID-19 be not re-considered when breath analyser test is being allowed now.
The high court issued notice and sought response of the Delhi government on five separate pleas by restaurants and bars seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs or take coercive steps against them.
Delhi government counsel had asked for time to get instructions as to why August 3, 2020 order is not reconsidered when breath analyser test is being allowed now. It is expected that DDMA will consider this aspect urgently, Justice Rekha Palli said while listing the matter for further hearing on September 30.
The court said why should this order relating to ban on hookah be not reconsidered when Delhi Police has also started breath analyser test. Separate petitions were filed by Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh, challenging the order of Joint Commissioner of Police (Licensing Unit) prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurant/ bar being run by them.