The Bombay High Court on Monday issued notice to the Maharashtra government after hookah parlour owners challenged the blanket ban on running them.
A Division Bench of Chief Justice Naresh Patil and Justice M.S. Karnik was hearing a bunch of petitions filed by the parlour owners aggrieved by the blanket ban issued by the State after amending the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act brought out on October 4. This prohibits them from providing hookahs in smoking zones.
The petition states, “This legislation violates the fundamental right to practise any profession, or to carry on any occupation, trade or business as it is supposed to only impose restriction and not complete prohibition. Imposing the ban on hookah parlours will not be in the interest of general public as the degree of nicotine in the hookah is less than that in cigarettes and bidis.”
The owners have sought quashing of government resolution prohibiting them from peacefully functioning and running parlours. Senior counsel Anil Anturkar, appearing for the owners, said the State has the power to regulate but not prohibit and that the legislation was brought out after the fire at Kamala Mills that killed 14 on December 29, 2017.
An independent commission’s report into the fire at Kamala Mills Compound read, “The immediate and probable cause of fire was that hookah was being served in the southern corner of Mojo’s Bistro restaurant with the help of charcoal-burning sigree on the open terrace with inflammable material all around and a crowd of youngsters dancing around.”
Additional government pleader Geeta Shastri sought an adjournment of four weeks’ time to file a reply. However, the court granted only two weeks and adjourned the matter to December 17.
