ISLAMABAD, Oct 21 (APP):The Islamabad High Court (IHC) on Wednesday imposed an interim ban on all shisha cafes operating within the federal capital until relevant rules and regulations are finalized and enforced.
In its detailed written judgment, Chief Justice Sardar Muhammad Sarfraz Dogar directed law officers to ensure that the process of framing rules for shisha cafes was completed without unnecessary delay. The court ruled that the issuance of no-objection certificates (NOCs) to shisha cafes could not legalize an activity prohibited under the law in the absence of the requisite regulatory framework. It clarified that the ban would also apply to cafes holding previously issued NOCs, which would be deemed withdrawn.
The court directed the chief commissioner, deputy commissioner and inspector general of police to ensure implementation of its order and ordered that copies of the judgment be provided to all relevant authorities.
The judgment observed that no activity harmful to public health should be permitted without an appropriate regulatory framework. It noted that despite an Islamabad High Court order issued in 2022, the relevant authorities had failed to establish a comprehensive regulatory mechanism for shisha cafes.
The court further observed that the federal government had not finalized the proposed Shisha Rules 2023 despite the passage of considerable time. The draft rules had repeatedly been returned to the concerned ministry for revision by the Cabinet Committee for Legislative Cases.
The court said the proceedings had been initiated after repeated judicial extensions and assurances failed to produce a final regulatory framework.
Highlighting the health risks associated with shisha smoking, the judgment noted that both flavoured and plain shisha exposed users to nicotine, carbon monoxide and cancer-causing toxic substances. It added that tobacco smoke also posed serious health risks to children and other vulnerable people in the vicinity.
Referring to World Health Organization (WHO) guidelines, the court observed that restrictions on waterpipe smoking were necessary in indoor public places and shopping malls. It noted that water filtration did not eliminate the toxic substances in shisha smoke and that its health risks were scientifically established.
The judgment further stated that the absence of appropriate regulations could not be treated as a license to continue shisha smoking. It directed that the provision of shisha at all commercial establishments remain prohibited until the relevant rules came into force, warning that violations would invite immediate and strict legal action.
During the proceedings, the petitioner argued that shisha cafes were violating the law under the cover of NOCs issued by the district administration and that no effective inquiry or action had been taken despite complaints.
Counsel for cafes and restaurants maintained that their clients were operating legally under permits and NOCs issued by the competent authority. Government lawyers, however, submitted that the commercial use of shisha without a comprehensive regulatory framework posed a serious public health concern.
The court also referred to a 2016 suo motu case in which the Supreme Court had issued directions to the provinces regarding shisha cafes.
The IHC disposed of all petitions concerning shisha cafes with the aforementioned directions.