Order of the Calcutta High Court regarding use of hookahs in bars and restaurants, 24/01/2023

Order of the Calcutta High Court in the matter of National Restaurant Association of India & Others Vs The State of West Bengal & Others dated 24/01/2023.

Justice Rajasekhar Mantha of the Calcutta High Court said that since there is no law banning the use of tobacco, nicotine and herbal products in bars and restaurants subject to the rules and regulations then neither the Kolkata Municipal Corporation nor the Bidhannagar Municipal Corporation can restrict the use of hookahs.

The High Court noted that both the state and central government earn huge revenues from sale of tobacco products that are lawfully sold in the country. "The question of separate trade license for promoting the use of hookahs for a restaurant or bar does not and cannot arise. Any direction contrary to the above, issued by the Kolkata Municipal Corporation or the Bidhannagar Municipal Corporation is illegal and bad in law," read the Calcutta High Court order, January 24, 2023.