

herbal hookah, water pipes, and other hookah like devices, in all public places including hotels, restaurants, pubs, etc. The court was informed that under the latest order of October 14, the Delhi government had decided to continue the prohibition on the use of hookah, with and without tobacco i.e. The Delhi government had then told the court this is not a time to "lower our guards" for an unnecessary service which is likely to contribute to the transmission and severity of coronavirus. The high court had earlier directed the Delhi government to reconsider the ban and file an affidavit. The petitioners contended that the continuation of the ban on sale and use of herbal hookah was unjustified. I know we can't put our guards down but this can't go on forever," Delhi government counsel reiterated the official stand that herbal hookah cannot be permitted to be sold and used for now. You can't have such restrictions at the cost of livelihood. "What is happening? These people (petitioners) don't have to survive? I've given you a long rope. You want to ban hookah, you can do it but not on the ground of Covid," the judge told Delhi government counsel Santosh Kumar Tripathi. The Delhi government has been opposing the pleas saying that for a single mistake, the entire Delhi would have to pay a heavy price, and allowing hookah consumption in public places may spread Covid-19 since people would be sharing it. The petitioners challenged the order of the Joint Commissioner of Police (Licensing Unit) prohibiting the sale or service of herbal flavoured hookahs. Separate petitions were filed by Breath Fine Lounge and Bar, TOS, R High Speedbar and Lounge, Verandah Moonshine, and Sixth Empirica Lounge in West Punjabi Bagh, saying that they were serving herbal hookahs for which no licence is required as they are totally without tobacco but the police were still conducting raids, seizing equipment, and issuing challans.

The court directed the Delhi government to file its response to the petitions and asked it to "take a call" if other restaurants and bars approach it for permission to serve herbal hookah in compliance with Covid-19 protocol. "In case of any change in Covid-19 situation, the respondent will be at liberty to move court," she added. "Subject to the petitioners filing an undertaking, till the next date of hearing, the respondent (Delhi government) will stand restrained from interfering with the service of herbal hookah," the judge ordered.

The court clarified that it was granting permission as interim relief and the same is subject to the petitioners giving an undertaking to it that they would strictly follow Covid-19 appropriate behaviour while serving herbal hookah.
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Justice Rekha Palli, who was hearing a batch of pleas by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahs, said that prohibitions imposed on account of the pandemic "cannot go on forever" and noted that the authorities have already permitted cinema halls and swimming pools to function at full capacity. NEW DELHI: The Delhi high court on Tuesday allowed for the time being the use of herbal hookah in restaurants and pubs in the national capital, saying that Covid-19 restrictions cannot be permitted to continue at the cost of livelihood.
