Delhi HC directs cops to not park their vehicles outside hookah bars

Justice Rekha Palli, while hearing a bunch of pleas seeking directions to the city police to not interfere in the functioning of herbal hookah bars, remarked that customers would not enter a hookah parlour if the police park their vehicles outside one

The Delhi high court on Thursday directed the city police to not “unnecessarily” harass or park their vehicles outside hookah parlours even as it permitted them to conduct random checks as and when required.

Separate petitions were filed in court challenging the order of the Joint Commissioner of Police (Licensing Unit), prohibiting and excluding the sale or service of herbal-flavoured hookahs in restaurants/bars. (Picture for representation only/HT)

Justice Rekha Palli, while hearing a bunch of pleas seeking directions to the city police to not interfere in the functioning of herbal hookah bars, remarked that customers would not enter a hookah parlour if the police park their vehicles outside one.

“…In the light of the aforesaid stand taken by respondents, it is directed that till the next date, the respondent no 2 (Delhi police) will not unnecessarily harass or park vehicles outside though they are permitted to make a random check as and when necessary,” the court order said.

Separate petitions were filed in court 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 the Joint Commissioner of Police (Licensing Unit), prohibiting and excluding the sale or service of herbal-flavoured hookahs in restaurants/bars.

The pleas said the petitioners are only serving herbal hookahs for which no license is required as they do not contain tobacco, but the police are still conducting raids, seizing equipment, and issuing fines.

Appearing for the Delhi government, standing counsel Santosh Kumar Tripathi, told that court that they had passed an order on October 14 stating that the prohibition of the use of hookah in all public places, including hotels, restaurants, bars, etc will continue.

Recording the statement of petitioners that hookahs would be served only in open spaces using disposable pipes, the court asked the Delhi government to reconsider its October 14 decision.

The petitioners’ counsel, however, said that the very basis of the October 14 order is the city government’s presumption that the hookahs are being served in closed spaces and sharing is permitted.

He submitted that hookahs would be served in open spaces and in disposable pipes, while seeking that either the Delhi government should reconsider its decision or the court pass an interim order.

He also said that the city police park their vehicles outside restaurants that used to serve hookahs to harass the management and customers, and therefore customers are discouraged from frequenting these establishments.

Standing counsel Tripathi, who also represented the city police, said that as long as the petitioners are willing to abide by the terms of order dated October 14, until it is modified either by the government or by the court, they will ensure that no police vehicles are parked outside the restaurants. However, the police would conduct random checks as and when they deemed fit.

Noting this, the court directed that police vehicles cannot be parked in front of such establishments even when random checks are being conducted.

“If you have a complaint, or if you want to conduct random checks, you may do it. But you can’t park your vehicles outside the eateries,” the judge observed.

The matter will now be heard on October 26.