38.6c New Delhi, India, Sunday, May 26, 2024

Allahabad HC Orders Ban on Serving Hookah at Restaurants & Café in the Wake of COVID-19 [READ ORDER]

By Saransh Awasthi      03 September, 2020 06:06 PM      0 Comments
Allahabad HC Orders Ban on Serving Hookah at Restaurants & Café in the Wake of COVID-19 [READ ORDER]

The Allahabad High Court in a suo moto case passed an order directing the Chief Secretary, Uttar Pradesh to not allow hookah bars to be run in any restaurant and café until further orders. The court has further asked the Chief Secretary to file a compliance report of the order by September 30.

A division bench of Justice Shashikant Gupta and Justice Shamim Ahmed while hearing a public interest litigation on the letter sent by a Lucknow University law student, Hari Govind Dubey held that “Prima facie smoking has emerged as an independent risk factor not only for transmission but also COVID-19 severity, similarly, hookah smoking is also prima facie an ideal mode to transmit and facilitate the spread of the contagion through shared use.” The bench also considered the WHO advice on COVID-19 and hookah use that mentions that hookah or waterpipe smoking should be prohibited during this pandemic to ensure public safety.

The court observed that despite the lockdown, the Corona continues to spread like wildfire which is an alarming situation for the public. "We are standing amidst a dense dark forest. It is not known what will happen tomorrow. If hookah bars are not banned in restaurants and cafes, it will take the form of community transition," the bench said.

Moreover, the court also noted that "Hookah smoke contains several hazardous chemicals in addition to tobacco that may injure the respiratory lining, exposing the smoker to viral infections, tuberculosis, and other infectious diseases and the coronavirus is no exception”.

Earlier, the law student had written a letter to the State Authorities, but no action was taken. Subsequently, the court also issued a show-cause notice to the Government to respond on the petition by August 6, 2020, however, no reply was filed. Consequently, the court disposed the matter and held that hookah bars smoking is prima facie an ideal mode to transmit and facilitate the spread of the contagion and therefore should be banned for the time being.

The bench has asked the Chief Secretary to prepare a road map to prevent the spread of the coronavirus.

The Hon’ble court has also appointed Advocate Vinayak Mittal as amicus curiae in the case.



Share this article:

Leave a feedback about this

Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM


Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email