HC unhappy over Delhi govt reply to plea seeking lifting ban on herbal hookahs

The court has now granted a week’s time to the Delhi government and directed it to file an affidavit specifically stating whether the DDMA has reconsidered the August 2020 order, along with the reasons for continuing with the decision

New Delhi: The Delhi high court on Thursday expressed its displeasure at the Delhi government’s response to pleas seeking lifting the ban on use of herbal hookahs in public places, noting that its affidavit did not make it clear whether the Delhi Disaster Management Authority (DDMA) has reconsidered the prohibition order.

The high court will hear the matter on October 8 when the Delhi government will file another affidavit on the prohibition of herbal hookahs in public places

“Unfortunately even though the respondent (Delhi government) has filed an affidavit trying to justify why the sale of flavoured hookah is not permissible, there is no whisper if the matter has been reconsidered by the DDMA or not,” said Justice Rekha Palli, while hearing Delhi government’s response filed on the pleas of restaurants seeking the non-interference of the state and police in the sale of herbal flavoured hookahs.

The court has now granted a week’s time to the Delhi government and directed it to file an affidavit specifically stating whether the DDMA has reconsidered the August 2020 order, along with the reasons for continuing with the decision. The matter will now be heard on October 8.

On September 17, the high court had specifically directed the Delhi government to ask DDMA to reconsider its August 3, 2020, order prohibiting the use of herbal hookah in public places to contain the spread of Covid-19.

During the proceedings on Thursday, the court told the petitioners’ counsel that the authorities are not permitting many activities amid Covid, adding that it needs to be seen whether it should force them to allow this activity.

While perusing the government’s affidavit, the court said it was not in compliance with the last order and that it was not happy with the response.

Delhi government standing counsel Santosh Kumar Tripathi said the situation is very alarming and people need to be disciplined. He said he has apprised the DDMA about the court’s order and sought some more time to get its response.

During the last hearing on September 17, the high court had asked the Delhi government why the DDMA has not reconsidered the ban on the use of herbal hookahs in public places when breath analyser tests are allowed now.

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 the Joint Commissioner of Police (Licensing Unit) prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurant/bar being run by them.

The pleas said the petitioners are serving herbal hookahs for which no licence is required as they do not contain tobacco but pointed out that police are conducting raids, seizing equipment, and issuing challans.