Hookah smoking in restaurant should be only in separate earmarked space; customers should not use ganja: Karnataka High Court

The Karnataka High Court recently directed the police not to harass a restaurant for having a hookah bar which allows customers to smoke hookah [Soho Pub and Grill v. State of Karnataka and Ors]. .Single-judge Justice SG Pandit, however, also said that smoking of hookah in the restaurant should be permitted only in separate earmarked space in the restaurant so that other customers are not inconvenienced.The Court also made it clear that customers at the restaurant should not be allowed to use ganja, marijuana etc under the guise of smoking hookah. "... under the guise of smoking hooka, customers at the petitioner restaurant cannot be allowed to use ganja, marijuana, etc. That apart, smoking of hooka should not cause inconvenience to other customers since smoking having been prohibited in public places, an exclusive area with separate enclosure requires to be reserved for hooka bar," the order passed by the Court stated. Hence, while under the guise of inspection, the jurisdictional police should not harass the restaurant, the police is free to inspect the premises at periodical intervals with notice to the petitioner if necessary, the Court ordered.The Court was hearing a petition by Soho Pub and Grill - a restaurant in which customers are allowed to smoke hookah - alleging that the respondent-police were interfering with their lawful business.The plea sought directions to the police not to interfere with the lawful activities carried on by the petitioner..The Court said that it had previously permitted smoking of hookah, as long as the substance smoked was tobacco and no other illegal substance. The State submitted that customers of the restaurant, under the pretense of smoking hookah are likely to use illegal substances which are unlawful, which is why the police should be permitted to keep a check on such activities. Further, smoking is prohibited in public places, so an exclusive area for smoking hookah should be earmarked by the petitioner in the business premises. .The Court accepted the submission, noting that under the guise of smoking hookah, customers at the restaurant cannot be allowed to use ganja, marijuana, etc. Moreover, smoking should not cause inconvenience to other customers since it is prohibited in public spaces, so an exclusive area with a separate enclosure should be reserved for smoking hookah. .The Court, thus, allowed the petition, directing the petitioner restaurant to earmark a separate place after obtaining a license for the purpose of hookah smoking. The Court also ordered that the respondent-police should not harass the petitioner under the guise of inspection. While the police should not interfere with the legal activities of the petitioner restaurant, they could proceed in accordance with law if any illegal activities are found in the premises, the court said while disposing of the petition. .Advocate Sunil Kumar BN represented the petitioner, and High Court Government Pleader Rashmi Patel represented the respondents. .[Read Order]