Breathalysers are allowed, why not herbal hookahs, HC asks Delhi govt

Justice Rekha Palli said the Delhi government should reconsider its decision while hearing five separate pleas by restaurants and bars seeking directions to the city-state and the police to not interfere with the sale of herbal flavoured hookahs.

The Delhi high court on Friday asked the city government how its prohibition on herbal hookah in public places to contain Covid-19 is justified when police are allowed to conduct breathalyser tests for motorists (to ascertain drink driving).

The pleas said the petitioners are serving herbal hookahs for which no licence is required as they are without tobacco but the police are still conducting searches and seizing equipment and issuing fines. (Hindustan Times/Picture for representation only)

Justice Rekha Palli said the Delhi government should reconsider its decision while hearing five separate pleas by restaurants and bars seeking directions to the city-state and the police to not interfere with the sale of herbal flavoured hookahs.

“Issue notice…Delhi government counsel seeks time to get instructions as to why August 3, 2020 order is not reconsidered when breathalyser test is being allowed now. It is expected that DDMA will consider this aspect urgently,” the court said.

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/ bars.

The pleas said the petitioners are serving herbal hookahs for which no licence is required as they are without tobacco but the police are still conducting searches and seizing equipment and issuing fines.

Appearing for the Delhi government, advocate Santosh Kumar Tripathi opposed the petitions and said people are moving about with their masks on even when they by themselves in the car. Then how can hookahs be allowed in public places, he asked.

He argued that for a single mistake, entire Delhi would have to pay a heavy price and allowing hookah consumption in public places may lead to the spread of Covid-19 since several people would be sharing a single hookah.

“Herbal or non-herbal, we are not allowing any type of hookah. We are wearing masks even when we are driving a car alone. How can we allow hookah to be shared from one person to another? Hookah is not that important, our lives are more important,” he said.

When the petitioners’ counsel said she was giving an undertaking that each customer will be using a separate hookah in the restaurant, the Delhi government counsel said not even a single hookah could be allowed.

Following this, the court asked the government to decide on the matter and said, “It can’t go on like this.”