Smoking In Public Places Is Prohibited: Karnataka High Court Directs Restaurant To Earmark Hookah Smoking Area, Obtain License

"Smoking of hookah should not cause inconvenience to other customers since smoking has been prohibited in public places, an exclusive area with separate enclosure is required to be reserved for hookah bar," Justice SG Pandit observed.

The petitioners had approached the court seeking a writ of mandamus to respondents not to interfere with the lawful activities carried on by the petitioner. Petitioner is running a restaurant wherein the customers are permitted to smoke hookah and respondents are alleged to have interfered with the business of petitioner.

The bench referred to the Coordinate Bench order dated 27.02.2017 passed in W.P.No.8140/2017 wherein under similar circumstances the High Court had had considered these aspects and after taking note of the order passed in W.P.No.14226/2015 on 03.09.2015, had said "If that be the position, the use of the instrument known as Hookah cannot be prohibited as long as such smoking is of Tobacco through the Hookah and no other prohibited substance is used. Therefore, if the said Hookah is used for any other illegal purpose, certainly the law enforcing authorities including the jurisdictional police would be entitled to take appropriate action in accordance with law."

The bench observed "In that view of the matter, the petitioner would be entitled for similar relief." It added "Respondents are hereby directed not to interfere with the legal activities of petitioner."

The State had submitted that the customers of the petitioner-restaurant under the guise of smoking hookah are likely to indulge in activities, which are unlawful and as such, police authorities should be permitted to keep a check. It was also argued that smoking having been prohibited in public places, exclusive area for smoking hookah is to be earmarked by the petitioner in the business premises.

The court agreed with it and said "The contention deserves to be accepted for the simple reason that under the guise of smoking hookah, customers at the petitioner-restaurant cannot be allowed to use ganja marijuana, etc."

Thus, the court imposed the following conditions while allowing the plea::

-Respondent not to insist upon the petitioner to obtain a licence for the use of Hookah in the smoking zone provided by the petitioner in their premises, if such facility is provided only for smoking Tobacco through Hookah.

-However, if any credible information is received and in the process of monitoring, if any illegal activity is found including use of any banned substance, certainly the respondents or such other law enforcing authorities would be entitled to take action in accordance with law.

-Petitioner shall earmark exclusively a separate area/place(s) with appropriate enclosure in the hotel premise and necessarily after obtaining licence for the purpose of hookah smoking and no other area or portion of premise shall be used by the customers of the petitioner for smoking hookah.

-Under the guise of inspection, the respondent-jurisdictional police shall not harass the petitioner. However, it does not deter them from inspecting the premise at periodical intervals with notice to the petitioner, if necessary.

Case Title: SOHO PUB AND GRILL And STATE OF KARNATAKA

Case No: WRIT PETITION No.6971 OF 2022

Citation: 2022 LiveLaw (Kar) 120

Date of Order: 29TH DAY OF MARCH, 2022

Appearance: Advocate SUNIL KUMAR B N for petitioner; Advocate RASHMI PATEL for respondent

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