Hookah smoking is allowed, says HC

The city’s hookah parlours can continue with their business, thanks to the order of the Bombay High Court on Monday. The HC asked BMC to clarify under which provision of law it had begun to initiate the action against the hookah joints in the city.
The HC was hearing the petition filed by Bharat Sheth, owner of Cosmic Restobar near Khar railway station, who is challenging the BMC circular to ban hookah’s in eatries and restaurants.
Shah, in his petition, has said that BMC and the state government lacks the jurisdiction to stop the sale of hookah. And such action was discriminatory because smokking of cigarettes, pipes and cigars are continued to be allowed.
Petitioner’s lawyer Navroz Seervai and Rajiv Narula pointed out that the law permitted a restaurant with a sitting capacity of more than 30 people to have a smoking section. “We have clearly demarcated the smoking and non-smoking sections and put up the mandatory health warnings as required by the law,” said Seervai to the court.
The councel appearing for the BMC argued that they were doing it on the basis of license conditions like public safety and fire hazards.
Seervai argued that BMC cannot revoke the license on pretext of license conditions like public safety and fire hazards. “Have they stopped buffet where the food is kept on fire or the romantic candle light dinners,” Seervai asked.
Seervai further pointed out that he cited the SC judgments which held that if the central government has regulated the tobacco act then the state government or other authorities cannot interfere in it. “I have an express right to permit smoking as there is no complete ban on tobacco that has been imposed by the central legislature,” Seervai submitted.
“How can you implement the circular?”, “What is the license condition which prohibits the use of hookah,” asked Justice Khandeparker. The court then recorded the BMC’s submission that no action is contemplated under the circular and directed them to file an affidavit by August 1 and adjourned the matter till August 5.
24.07.08 07:38
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