Karnataka HC upholds ban on hookah products
Bengaluru, Apr 22: In a significant ruling, the Karnataka High Court has upheld the state government's notification banning sale, consumption, storage, advertisement and promotion of all types of hookah products within the state. The decision came following the rejection of a batch of petitions challenging the government's ban, which was deemed necessary due to concerns over fire hazards, public health, and safety
A single judge bench of Justice M Nagaprasanna, after hearing arguments from both sides, had reserved judgment on March 11.
According to the government notification, hookah bars have been identified as potential causes of fire hazards and violations of state fire control and safety laws.
Additionally, the consumption of hookah in establishments such as hotels, bars, and restaurants poses risks to food safety and public health, further justifying the ban.
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Advocate General K Shashi Kiran Shetty emphasised the ban was issued in the public interest and is supported by relevant legislation, including the Cigarette and Tobacco Products Act (COTPA) 2003, Child Care and Protection Act 2015, Food Safety and Quality Act 2006, Karnataka Poisons (Possession and Sale) Rules 2015, Indian Penal Code, and Fire Control and Fire Protection Act.
Shetty argued that the absence of designated areas for serving hookah in establishments raises concerns, as full-service Hookah bars operate without proper regulation.
He contended that designated areas should only be allocated for dining purposes, not for smoking activities.
However, the petitioners contended the COTPA Act allows for designated smoking areas and does not support a blanket ban on hookah products.
They argued that as long as regulations are followed, hookah consumption can be done safely without posing a threat to public health.
One petitioner raised the issue of herbal hookah, citing Section 3(b) of the COTPA Act, which defines cigarettes as containing tobacco.
The petitioner questioned the justification for banning herbal hookah products that do not contain tobacco or nicotine, arguing against a blanket prohibition.
Furthermore, concerns were raised regarding the constitutional implications of the ban.
The petitioners argued that it infringes upon Article 14, which guarantees equality before the law, as well as Article 19(1)(g), which protects the right to carry out business activities.
Despite these arguments, the High Court maintained the ban on hookah products, ruling against the petitions challenging its validity.
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Sambhal violence: Prohibitory orders issued, outsiders barred from entry till Nov 30
Sambhal (UP) (PTI): The district administration has imposed prohibitory orders and barred the entry of outsiders till November 30 after three men were killed and scores of others, including security and administration personnel, injured in a violence by protesters opposing a court-ordered survey of a Mughal-era mosque.
The order has been issued under provisions of the Bharatiya Nyaya Sanhita (BNS), said District Magistrate Rajender Pensiya late on Sunday.
"No outsiders, other social organisations or public representatives will enter the district border without the permission of the competent officer," said the order, which came into force with immediate effect.
Violation of the order will be punishable under Section 223 (disobedience to order duly promulgated by public servant) of the BNS.
Violence broke out in the district on Sunday as protesters opposing the survey of the Jama Masjid clashed with security personnel. The protesters torched vehicles and pelted the police with stones while the security personnel used tear gas and batons to disperse the mob.
Divisional Commissioner (Moradabad) Aunjaneya Kumar Singh said on Sunday, "Shots were fired by miscreants... the PRO of the superintendent of police suffered a gunshot to the leg, the circle officer was hit by pellets and 15 to 20 security personnel were injured in the violence."
A constable also suffered a serious head injury while the deputy collector fractured his leg.
"Three people, identified as Naeem, Bilal and Nauman, have been killed," Singh said.
Twenty-one people, including two women, have been detained and a probe has been launched, the official had said, adding that those accused in the violence would be booked under the stringent National Security Act (NSA).
District Magistrate Rajender Pensiya said, "The casualty count stands at three. The reason for the deaths of two is clear -- bullet wounds from countrymade pistols. The reason for the death of the third person is not clear but it will be after post-mortem."
Internet services were soon suspended in Sambhal tehsil for 24 hours and the district administration declared a holiday in all schools for Monday.
Tension had been brewing in Sambhal since November 19 when the Jama Masjid was first surveyed on the court's orders following a petition claiming that a Harihar temple had stood at the site.
Trouble started early on Sunday when a large group of people gathered near the mosque and started shouting slogans as the survey team began its work.
District officials said the survey could not be completed on Tuesday and was planned for Sunday to avoid interference with afternoon prayers.
Supreme Court lawyer Vishnu Shankar Jain, who is a petitioner in the case, had earlier said the Court of Civil Judge (Senior Division) ordered the constitution of an "advocate commission" to survey the mosque.
The court has said a report should be filed after conducting a videography and photography survey through the commission, he had said.
On Sunday, Jain urged the Archaeological Survey of India to take control of the "temple".
Gopal Sharma, a local lawyer for the Hindu side, had earlier claimed the temple that once stood at the site was demolished by Mughal Emperor Babur in 1529.
