Allowed sale of herbal hookahs
The Delhi High Court on Friday ordered the Delhi Government Ministry of Health and Family Welfare to allow the sale and service of herbal hookahs in Delhi within two days.
Judge Rekha Palli's single court ordered the Department of Health and Family Welfare to submit an affidavit regarding the consideration of the sale and service of Herbal Hookah in Delhi.
During today's hearing, attorney Santosh Kumar Tripathi, who appeared on behalf of the Delhi NCT government, stated that the contested order had been issued by the Chief Secretary of the Ministry of Health and Family Welfare and that no instructions had been given specific to the Ministry. order the court to order the ministry to treat this petition as a power of attorney.
The matter would now be known on October 18. At the earlier hearing, the court urged the Delhi government to complete an affidavit without reconsidering its decision not to allow the sale and service of herbal hookah in Delhi.
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 contesting the JCP (licensing unit) sales or service order. Ban and exclude herbal flavored hookahs in restaurant / bars operated by them.
The petitioners alleged that they serve herbal hookahs that do not require a license as they are completely tobacco-free, but the police continue to raid, confiscate equipment and issue challans.
You have attempted to explain that the definition of "smoking" under the Cigarette and Other Tobacco Products Act (COTPA) does not include herbal-flavored water pipes and instruct authorities not to take extreme measures to suspend or revoke the registration certificate.
The Delhi Government Ordinance, approved by the Ministry of Health on August 3, 2020, stated that using and sharing tobacco and non-tobacco hookahs (herbal hookahs) in public places may further increase the spread of the coronavirus.
Now, therefore, in the exercise of the powers conferred by the Delhi Epidemic Diseases, COVID19, Regulations, 2020, under the Epidemic Diseases Act of 1897, there is the use of hookahs (with or without tobacco, i.e. hookahs herbs, hookahs and other hookahs) as household appliances) in all public places, including hotels, restaurants, pubs, bars, pubs, nightclubs, etc. of Delhi NCT is strictly prohibited with immediate effect to prevent and control the outbreak of the epidemic, that is, the control of Covid19 in the NCT of Delhi ”, it says in the order of the Delhi government.