The Court decreed that regulations governing the sale and service of tobacco products, such as those provided by hookah establishments, do not contravene the constitutional Article 19(1)(g) that upholds the right to practice any profession, or to carry on any occupation, trade, or business.
The Telangana High Court has articulated that the permit to run a hotel or restaurant is not inclusive of the right to operate a designated smoking zone or hookah services. The judgment articulated that hookah services within restaurants and bars necessitate explicit permission from law enforcement and must be duly licensed by the municipal authorities.
Justice CV Bhaskar Reddy emphasized that providing hookah tobacco to minors is a legal violation. The Court also imposed the requirement for health warnings with images to be displayed at the entry of such establishments and affirmed that authorities have the power to conduct inspections and enforce compliance at hookah service points. It was further detailed that the police hold the power to initiate legal proceedings for infractions of the Cigarettes and Other Tobacco Products Act (COTPA).
“Under the given stipulations and in accordance with the COTPA, the police are instructed to refrain from disrupting the petitioners’ hookah business operations,” stated Justice Reddy.
While addressing the argument that a general license for a hotel or restaurant also covers hookah service, the Court rejected this claim. The petitions under consideration claimed that police were unjustly targeting restaurant owners and fabricating charges despite compliance with COTPA.
Upon examination of the Act, the Court found that restaurants seating 30 or more must designate a smoking area. Moreover, Section 12 of the Act authorizes police or appointed officials to inspect premises on suspicion of the Act’s violation at any reasonable time.
The Court affirmed that police inspection of these establishments for contraventions does not amount to illegality. The Court also noted that regulatory measures on tobacco product distribution and service, including hookah, do not infringe upon the constitutional freedom of conducting business as stated in Article 19(1)(g).
In deliberating the cases at hand, the Court emphasized that hotels and restaurants, as public spaces, must strictly prohibit the use of tobacco. A separate smoking area may be established within these premises, the Court added. The Court indicated, based on the Hyderabad City Police Act, that official authorization is necessary to set up hookah centers.
“Petitioners must comply with any rules and directives periodically issued by the Police Commissioner to maintain public order,” stated the Court.
Furthermore, the Court mandated that establishments offering hookah must secure a license from the Municipal Corporation, particularly as hookah involves the burning of charcoal. In conclusion, the Court stated that under the terms of the COTPA, hookah centers could be permissible.
Finally, the Court offered that proprietors could report to the Director General or Commissioner of Police if they experience undue harassment by the police, ensuring that corrective actions could be taken.
