A number of eating places and bars Wednesday urged the Delhi Excessive Courtroom to direct the AAP authorities and police to not intervene with the sale of natural flavoured hookahs or take coercive steps in opposition to them.
The plea was opposed by the Delhi authorities which mentioned use of hookah, be it with or with out tobacco, in all public locations together with resorts, eating places, eatery homes, bars, pubs and discotheques, within the nationwide capital is strictly prohibited as use or sharing of hookah could additional improve unfold of COVID-19.
Justice Rekha Palli listed the matter for additional listening to on September 20 because the counsel for petitioner eating places and bars mentioned he would file a further affidavit.
They (Delhi authorities) have downside with shared hookah which might result in unfold of COVID-19. If 40 individuals are utilizing 10 hookahs, it’s a downside, the court docket mentioned, including that that is a wholly completely different state of affairs.
Senior advocate Sandeep Sethi, representing the petitioner entities, mentioned so long as the eating places undertake to not use nicotine in hookah, they can’t be prohibited from finishing up their companies.
Delhi authorities standing counsel Santosh Kumar Tripathi referred to the August 3, 2020 order handed by the Well being Division which has noticed that in public locations, use and sharing of hookah with and with out tobacco (natural hookah) could additional improve unfold of coronavirus.
Now, subsequently, in train of powers conferred by the Delhi Epidemic Illnesses, COVID-19, Rules, 2020 underneath the Epidemic Illnesses Act, 1897, using hookah (with or with out tobacco, that’s, natural hookah, water pipes and different hookah like gadgets) in all public locations together with resorts, eating places, eatery homes, bars, pubs, discotheques, and so on, of the NCT of Delhi is strictly prohibited with rapid impact, for the aim of prevention and management of the outbreak of epidemic illness specifically COVID-19 in NCT of Delhi, the Delhi authorities order mentioned.
Separate petitions have been filed by Breath Superb Lounge and Bar, TOS, R Excessive Speedbar and Lounge, Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh, difficult the order of Joint Commissioner of Police (Licensing Unit) prohibiting and excluding the sale or service of natural flavoured hookahs in restaurant/ bar being run by them.
The pleas mentioned the petitioners are serving natural hookahs for which no licence is required as they’re completely with out tobacco however the police continues to be conducting raids, seizing equipments and issuing challans.
It sought to declare that definition of “smoking” underneath the Cigarettes and Different Tobacco Merchandise Act (COTPA), doesn’t cowl natural flavoured hookahs and to direct the authorities to not take any excessive step of suspension or cancellation of registration certificates of the petitioners.
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