Delhi / HC allows sale of herbal hookah in restaurants, bars in Delhi

New Delhi: The Delhi high court on Tuesday allowed the use of herbal hookahs in the national capital subject to bars adhering to strict Covid-19 norms and using disposable pipes. The court said that when cinemas have been opened and all other activities have resumed, it would not be appropriate to keep the petitioners hanging.

In an interim order, Justice Rekha Palli said in case there is any change in the Covid-19 situation, the city government can move an application to modify Tuesday’s order. Palli gave the Delhi government six weeks to file its reply.

In late October, the Aam Aadmi Party (AAP)-led Delhi government had opposed a plea filed by various bars and restaurants seeking permission from the high court to sell and serve herbal flavoured hookahs. Citing a World Health Organisation (WHO) and Centre of Diseases Control and Prevention (CDC) order, the government said allowing sale and consumption of hookah might increase the risk of Covid-19 transmission.

"As per WHO and CDC, the act of hookah smoking includes, touching hookah by many hands, close contact of fingers with lips which increases the possibility of transmission of the virus from hand to mouth. Thus, allowing herbal hookah in open spaces may worsen the situation and increase the transmission of COVID-19," the government had told the high court.

The government also told the court that bars, restaurants and eateries do not acquire separate licences for selling herbal hookahs and classify it as “food”. Considering herbal hookah as a food product is not at all justified, the government said.

Several 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 (licencing unit) prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurant/bar being run by them.

The petitioner alleged that even though herbal hookahs contained no tobacco, cops were conducting raids, seizing equipment and issuing challans. They requested the court to issue directions to both Delhi government and Delhi police not to interfere with the sale and service of herbal flavoured hookahs and not to take coercive steps against them.