Service Of Herbal Hookah Permitted Subject To Adherence With COVID-19 Protocol: Delhi Govt To High Court

The Delhi Government on Wednesday told the Delhi High Court that the service of herbal hookah in restaurants and bars in the city is permitted subject to compliance and adherence to the COVID-19 protocol and conditions.

A single bench of Justice V Kameswar Rao was dealing with a petition filed by M/S Punter House Cafe which had impugned the ban of serving of herbal hookahs in restaurants and bars due to the risk of spread of COVID 19. It was the petitioner's case that the aforesaid action was in violation of Articles 14 and 19(1)(g) of the Constitution of India.

Santosh Kumar Tripathi appearing for the Delhi Government apprised the Court about the order dated February 4, 2022 passed by the Delhi Disaster Management Authority (DDMA) allowing restaurants and bars to operate at 50% capacity.

Submitting that the Petitioner's case was squarely covered by the said DDMA order, Tripathi added that the petitioners will have to give an undertaking stating that they would strictly follow COVID-19 appropriate behaviour while serving herbal hookah in terms of an earlier order passed the Court in November last year.

At the outset, the Court said that the order permitting the petitioner to serve herbal hookah shall remain effective till the next date of hearing.

The Bench also directed the Delhi Government to file counter affidavit in the petition.

Justice Rekha Palli, vide order dated November 16, 2021 permitted the service and sale of herbal hookahs as an interim measure in the restaurants and bars in the national capital subject to them complying with the covid 19 protocols, use of disposable pipes and serving only in public spaces.

Delhi High Court Dismisses Plea Against Ban On Sale & Service Of Herbal Hookah In Restaurants Amid COVID-19

The Court had said that the restaurants and pubs shall file individual undertaking that they will serve only herbal hookahs subject to covid 19 protocols. It also added that the Delhi Government and other authorities will be restrained from interfering with the service of herbal hookah by the petitioners in their restaurants.

Case Title: M/S PUNTER HOUSE CAFE Vs. GNCTD & ORS.