Read Time: 04 minutes

The bench of Justice SG Pandit of Karnataka High Court recently directed the state police not to harass a Hooka bar under the guise of inspection. Court has however clarified that it did not deter the police from inspecting the premises, if necessary, with due notice.

Court has further granted liberty to the police to proceed, in accordance with the law, if it comes to know that certain illegal activities are taking place at the restaurant. Court has also directed the restaurant to earmark an exclusive space with an appropriate enclosure for the purpose of Hookah smoking and that no other area/portion of the restaurant can be used for customers of the restaurant to smoke Hooka.

The above transpired in a case where a restaurant/Hooka bar approached the High Court by way of a writ petition asking for the police not to interfere with its business as it had obtained the requisite permission to let its customers smoke Hooka on its premises.

The government, however, submitted that the customers at the restaurant under the guise of smoking hookah are likely to indulge in illegal activities and the police should be permitted to keep a check on them.

The government further submitted that since smoking in public places has been prohibited, a separate area is to be earmarked for the customers who wish to smoke hookah.

Court noted that the contention of the police was required to be accepted as the customers of the restaurants under the guise of smoking hooka should not be allowed to use marijuana or ganja. Court also noted that smoking hooka should not inconvenience others since smoking has been banned in public places.

With the above reasons, Court directed the restaurant to earmark a separate area with an appropriate enclosure on the hotel premises for hookah smoking.

Case title: Soho Pub and Grill Vs State of Karnataka