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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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
