A group of 12 restaurant owners approached the Bombay High Court seeking protection from coercive action by the police for serving herbal or tobacco-free hookahs at their establishments. The petition, argued by advocates Rajendra Rathod and Dhruv Jain, states that the petitioners operate restaurants that serve only non-tobacco herbal hookahs, in full compliance with a High Court order dated August 22, 2019, which permits such service.
Previous Representations to Police Ignored, Say Petitioners
The petitioners claimed that despite the 2019 order, police officials acting on behalf of the state home department have been carrying out raids, issuing threats, and instructing restaurants to stop serving herbal hookahs. These actions, they alleged, are in violation of the High Court’s earlier directions. The petitioners said their restaurants are being visited without prior notice and are being directed to shut down herbal hookah services, causing substantial financial loss and affecting the livelihood of their employees.
Petitioners Ask for Directions Under BNSS and COTPA
The petitioners pointed to a circular issued by the state home department on June 6, 2025, which directed strict action against illegal hookah parlours and warned that police officers allowing such activities would be held accountable. They contended that this circular should not apply to them, as they do not serve tobacco-based hookah and comply with all regulations under the Cigarettes and Other Tobacco Products Act, 2003 (COTPA).
Petitioners Permitted to Amend Plea
The plea recounted earlier correspondence with police officials in April and May, where the petitioners reiterated their compliance with the 2019 HC order and requested non-interference. However, despite assurances, officers continued to disrupt their operations, the plea alleged.
A bench of Justices Shree Chandrashekhar and Manjusha Deshpande on August 1 granted time to government pleader to take instructions and permitted the petitioners to amend their plea with additional details. The petitioners also sought court directions restraining police from conducting searches or taking action without following due process under COTPA and the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The court has kept the to matter for hearing on August 6.
