Gujarat high court asks state government, police chief to submit report on April 30.
Gujarat high court has asked state government and the city police commissioner to conduct a survey of hookah bars running in the city and furnish a report on April 30.
A division bench comprising chief justice SJ Mukhopadhaya and justice Akil Kureshi was hearing a suo motu petition taken up last year after media reports suggesting menace in city's hukkah bars were published. The order came after the government's submission that though it has regulated hukka bars, it can't ban them in the absence of such provisions under law.
As per HC order, government has to conduct the survey under the supervision of officer not below the rank of deputy commissioner of police (DCP). The DCP has to check that hukkah bars are running in the restaurant which has sitting arrangement of more than 30 persons or in hotel with more than 30 rooms.
There are separate spaces to serve food and smoke hukkah and hukkah bars are running in closed premises or open areas. The DCP will also check whether such bars are maintaining registers or not.
Bhushan Oza, appearing for NGO, Virasat, submitted that, as per the Cigarettes and Other Tobacco Products Act, 2003, smoking is banned in public places. There should be separate room to smoke cigarettes or other tobacco-based products in hotels with more than 30 rooms or in a restaurant which has a sitting capacity of not less than 30 persons.
He also cited the contradiction between the reports of city police and AMC regarding the number of hukkah bars in the city. While police say there are 19 hukkah bars running in the city, AMC puts it at 21.
Therefore, the regulation imposed by city police commissioner last year should be compulsorily followed.
Nandish Chudgar, counsel representing hookah bar owners submitted that their clients have not violated any regulations.
Last year, under pressure, the city police had cracked down on many hukkah bars and also imposed regulations by issuing a notification on May 30, 2009. Hukkah bar owners have also formed an association with a dozen registered members.
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