Bombay High Court Upholds Rights of Hookah Parlours Serving Tobacco-Free Hookah

Court Directs Authorities to Comply with COTPA Regulations and Avoid Unlawful Interference

In a significant ruling, the Bombay High Court has reinforced the rights of establishments serving herbal or tobacco-free hookah, directing authorities to comply strictly with the Cigarettes and Other Tobacco Products Act, 2003 (COTPA). The judgment was delivered by a Division Bench consisting of Justices R.I. Chagla and Farhan P. Dubash in response to a writ petition filed by Munib Birya and others against the State of Maharashtra.

The petitioners sought protection from what they described as illegal raids and threats by authorities on their hookah parlours that serve tobacco-free hookah. The court, referencing its previous order dated August 22, 2019, clarified that as long as these establishments comply with COTPA and do not serve prohibited substances, their operations should not be interfered with.

The judgment emphasized that the petitioners are permitted to run restaurants or establishments serving hookah without tobacco or nicotine. The court underscored the 2018 amendment to COTPA, which introduced a definition for "hookah bar" as establishments where people gather to smoke tobacco from a community hookah, highlighting the distinction between tobacco and non-tobacco products.

Justice Chagla, in delivering the judgment, pointed out that if any violations of COTPA are observed, police officers, not below the rank of Assistant Police Inspector, are authorized to take legal action. However, such measures should be strictly in line with the provisions of COTPA. The court cautioned that any unlawful raids or interference with the petitioners’ business activities would be deemed inappropriate unless prohibited substances are involved.

The ruling is expected to bring relief to numerous hookah parlours operating under the framework of COTPA, ensuring that their lawful business activities are protected from unwarranted intrusion. The court directed the government pleader to communicate the order to all concerned authorities to ensure compliance.

This judgment reiterates the importance of adhering to statutory regulations while safeguarding the rights of businesses that comply with the law. Establishments serving herbal or tobacco-free hookah can continue operations without fear of arbitrary actions, provided they strictly follow COTPA provisions.

Bottom Line:

Compliance with Cigarettes and Other Tobacco Products Act, 2003 (COTPA) - Petitioners running hookah parlours serving herbal hookah or tobacco-free hookah are not prohibited from doing so as long as they comply with provisions of COTPA and do not serve any prohibited substances.

Statutory provision(s): Cigarettes and Other Tobacco Products Act, 2003

Munib Birya v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2802023