Delhi high court nod for herbal hookah with riders

NEW DELHI: In a boost to pub and restaurant business, Delhi high court on Tuesday gave its conditional nod for use of herbal hookah in all such outlets in the national capital, saying that Covid-19 restrictions cannot be permitted to continue at the cost of livelihood.

Justice Rekha Palli, who was hearing a batch of petitions by several restaurant and bar owners against the restrictions on serving herbal flavoured hookahs, said the prohibitions imposed on account of the pandemic couldn’t go on forever and noted that the authorities had already permitted cinema halls and swimming pools to function at full capacity.

However, the court clarified it was granting permission as an interim relief and the same was subject to the petitioners giving an undertaking that they would strictly follow Covid-appropriate behaviour. It restrained the authorities from interfering as long as Covid safeguards are followed. In case of any change in the pandemic situation, the government will be free to approach the court.

The court directed the government to file its response and asked it to take a call if other restaurants and bars approach it for the same permission.

The petitioners argued that they were serving herbal hookahs for which no licence was required as they were totally without tobacco, but police were still conducting raids, seizing equipment, and issuing challans. The petitioners had challenged the order of the joint commissioner of police (licensing unit).

The government had argued that allowing hookah consumption in public places might spread Covid as people would share it.

“Now you have opened everything. Cinema hall, full capacity. Swimming pool, full capacity. You want to ban hookah, you can do it, but not on the ground of Covid,” the judge told government counsel Santosh Tripathi.

“What is happening? These people don’t have to survive? I’ve given you a long rope. But there has to be a limit. You can’t have such restrictions at the cost of livelihood. I know we can’t put our guards down, but this can’t go on forever,” the court observed, when the government maintained that herbal hookah could not be permitted now.