E-Paper
Court order brings interim relief for Panchkula eateries serving herbal hookahs
The court restrains police, Panchkula district administration from preventing the eateries from carrying out their legal business
Alleging harassment in the garb of a “ban”, city restaurant owners serving herbal hookahs (those without nicotine) moved court seeking directions restraining police and administration from interfering in their service.
In a relief, the court of additional civil judge (senior division), Aparna Bhardwaj, has “restrained the defendants (police and district administration) from preventing plaintiffs (restaurants) carrying out their legal business.”
The petition has been moved by five restaurants operating from Sector 5 through advocates Udit Mendiratta and Neeraj Chauhan against collector-cum-deputy commissioner Panchkula, deputy commissioner of police, Panchkula, district drug controller officer and station house officer (SHO) at the Sector 5 police station.
The order of September 29, however clarified: “order shall not act as a bar to the defendants to raid premises of plaintiffs/carry out other action as per law in case plaintiffs are found to have or are suspected to have violated the rules and regulation framed by the state government in running restaurants and bars.”
The petition will now come up for hearing on January 23, 2024.
Serving herbal hookah not barred: Petition
The petitioners argued that they have been serving herbal hookahs without nicotine in their restaurants since inception, adding, “The herbal hookah served does not contain any type of Nicotine or any other harmful material. The serving of herbal hookah is not barred by any act or law. They are entitled to serving herbal hookah until or unless barred by any act or law.”
The petitioners alleged that police and other officials of the district raided their restaurants claiming violation of section 144 CrPC by serving flavoured hookahs including tobacco molasses containing nicotine.
The petitioners have sought directions restraining police and district authorities: “from interfering in the lawful business of serving herbal hookah by locking or closing their premises.”
“We are only serving flavoured hookah that does not contain nicotine. We are open to checking. But every time teams take away all the material which is causing loss. Due to the raids the business is being adversely affected. There are many families earning livelihood and will lose jobs if the businesses are closed,” 15-member Restaurant Owners Association president Amit Verma.
Dist authorities take time to examine order
Contesting the petition, police and district authorities argued that they are well within their rights to ensure implementation of notice under section 144 CrPC dated September 23.
The order issued by Deputy Commissioner of Police, Panchkula, said, “No hookah shall be served for smoke/ consumption in hotels, restaurants, taverns, bars, hookah bars. Hookah bars are thus banned from operating in the district with respect to their offering hookahs to the visitors.”
However, the authorities have taken time till Tuesday to examine the order, with deputy commissioner Sushil Sarwan saying, “There is a ban on serving hookahs. We will study the order and take action accordingly.”
“Serving any type of hookah is not allowed. We will discuss the order with seniors and action will be taken accordingly,” additional commissioner of police, (headquarters) Surinder Singh said.
