Serving herbal, tobacco-free hookah not prohibited: HC

Earlier this year, a restaurateur, Munib Arya, along with 11 others, filed a petition with the high court, seeking confirmation on whether restaurants could legally serve herbal or tobacco-free hookah

MUMBAI: The Bombay High Court recently ruled that restaurants are permitted to serve hookahs that do not contain tobacco or nicotine, hearing a petition filed by a few restaurateurs earlier this year, seeking relief from constant police raids and threats to cancel their license despite serving herbal hookahs.

Bombay High Court (Anshuman Poyrekar/HT PHOTO)

“As long as the petitioners comply with the provisions of the Tobacco and Other Products Act, 2003 (COTPA) and do not serve any prohibited substance in the hookah parlour, then no action can be taken against them”, the court said.

The Division Bench of Justices RI Chagla and Farhan Dubash, during the hearing on October 14, highlighted that a clause in the COTPA defines a ‘hookah bar’ as an establishment where people gather to smoke tobacco from a community hookah, which is prohibited. But those serving hookah, which do not contain tobacco or nicotine, cannot be penalised, the bench held.

Earlier this year, a restaurateur, Munib Arya, along with 11 others, filed a petition with the high court, seeking confirmation on whether restaurants could legally serve herbal or tobacco-free hookah. The petitioners, represented by advocate Zubin Bheramkamdin, alleged that police had been conducting illegal raids and threatening restaurant owners to shut down their businesses despite an earlier 2019 court order allowing herbal hookah.