High Court Bars Coercive Action Against Tobacco-Free And Herbal Hookah Outlets

Bhopal (Madhya Pradesh): The High Court principal bench of Jabalpur has ordered that no coercive action be taken against restaurants serving herbal, tobacco-free and nicotine-free hookah unless there is a specific statutory bar under law. Justice Himanshu Joshi passed the order.

As per the HC order, the petitioner contended that it serves only herbal hookah that is completely free from tobacco and nicotine and operates a segregated smoking area in accordance with the Cigarettes and Other Tobacco Products (COTPA) Act.

It argued that repeated threats of closure and cancellation of licences amounted to an unlawful blanket prohibition not contemplated by either the central legislation or the Madhya Pradesh amendment law.

The petitioner also argued that COTPA regulates tobacco products and prohibits smoking of tobacco in public places, but does not prohibit herbal or nicotine-free products.

It further submitted that the Madhya Pradesh amendment defining a "hookah bar" specifically relates to establishments where tobacco or similar products are smoked and therefore cannot be extended to herbal preparations devoid of tobacco and nicotine.

The State, on the other hand, defended the regulatory framework by stating that hookah lounges could potentially become centres for consumption of prohibited substances under the guise of hookah service, thereby affecting public health and law and order.

The court said that competent authorities shall remain at liberty to conduct inspections of the premises at any reasonable time to verify compliance with the statutory provisions and the conditions stipulated herein and the petitioner shall extend full cooperation for such inspections.