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New Delhi: Several restaurants and bars on Wednesday urged the Delhi High Court to direct the AAP government and police not to interfere in the sale of herbal flavored hookahs or take strict action against them.
The Delhi government had opposed the plea, which said that the use of hookah in all public places, including hotels, restaurants, eateries, bars, pubs and discos in the national capital, with or without tobacco, is prohibited for use or sharing. strictly prohibited. Hookah consumption may further increase the spread of COVID-19.
Justice Rekha Palli listed the matter for further hearing on September 20 as the counsel for the petitioner Restaurant and Bar said that he would file an additional affidavit.
They (Delhi government) have a problem with shared hookah which can lead to spread of COVID-19. The court said that if 40 people are using 10 hookahs then it is a problem and it is a completely different situation.
Senior advocate Sandeep Sethi, representing the petitioner entities, submitted that as long as the restaurants undertake not to use nicotine in hookah, they cannot be barred from carrying on their business.
Delhi government’s standing counsel Santosh Kumar Tripathi referred to the order dated August 3, 2020 passed by the health department, which states that the use and sharing of hookah with and without tobacco (herbal hookah) in public places can cause transmission of coronavirus. The spread may increase further.
Therefore, now, in exercise of the powers conferred by the Delhi Epidemic Diseases, COVID-19, Regulations, 2020 under the Epidemic Diseases Act, 1897, the use of hookah (with or without tobacco, i.e. herbal hookah, water pipe and other Appliances like hookah) are strictly prohibited with immediate effect in all public places including hotels, restaurants, eateries, bars, pubs, discotheques etc. in the National Capital Territory of Delhi for the purpose of prevention and control of outbreak of epidemic disease. COVID-19 in the NCT of Delhi, the Delhi Government order stated.
Separate petitions were filed by Breathe Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Veranda Moonshine and Sixth Empirica Lounge in West Punjabi Bagh, challenging the order of the Joint Commissioner of Police (Licensing Unit) and The sale or service was restricted and excluded. Herbal flavored hookahs in the restaurant/bar run by them.
The plea said that the petitioners are serving herbal hookah for which no license is required as they are completely without tobacco but the police is still conducting raids, seizing equipment and issuing challans.
It sought to declare that the definition of “smoking” under the Cigarettes and Other Tobacco Products Act (COTPA) does not cover herbal flavored hookah and that the authorities should take any extreme step to suspend or cancel the registration certificate of the petitioners. Instructs not to take steps.
Read also: Restaurants, nightclubs fined for not following Kovid rules in Delhi
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