IHC prohibits ‘coercive measures’ against legal sheesha cafes
The Islamabad High Court (IHC) on Saturday barred authorities from taking “coercive measures” against eateries legally operating and serving sheesha under permits or licences issued by the relevant authorities.
The written order, seen by Dawn, was issued for the proceedings held on September 9 (Wednesday), when the IHC directed the district administration to formulate comprehensive rules and regulations for sheesha cafes within a month.
In its written order, the court reiterated those directives, noting that sheesha cafes could not operate without a proper regulatory framework.
It directed the Islamabad Police to continue taking lawful action against illegal sheesha-related activities and narcotics offences, observing that the “law shall take its own course” wherever any illegal activity or violation of the law or permit was found.
However, the court clarified that “no coercive measures shall be adopted against any establishment/restaurant which is carrying on its business lawfully and is serving sheesha in accordance with the permits duly issued by the competent authorities”.
The IHC also stressed that the competent authorities must remain mindful of their obligation to protect public health and safeguard the younger generation from smoking, substance abuse and other unlawful practices.
The court directed the advocate general and the Islamabad additional attorney general (AAG) to take up the matter with the competent authority and pursue finalisation of the requisite regulatory framework within one month. A compliance report was also sought.
The order noted that the Prohibition of Sheesha Smoking Rules 2023 was still pending before the federal government and had not been finalised. The matter has been fixed for relisting on October 13.
On Wednesday, Islamabad Deputy Commissioner Irfan Nawaz Memon had announced a “complete” ban on sheesha cafes in the federal capital. He said the restriction also covered all types of sheesha cafes, including those holding no-objection certificates (NOCs), as well as outdoor and indoor cafes.
The DC’s order came shortly after the IHC sought a response from the federal government and expressed concern over the absence of a legal framework for sheesha cafes.
IHC Chief Justice Sardar Muhammad Sarfraz Dogar had issued the directive while hearing petitions pertaining to several sheesha cafes in Islamabad and the action taken against establishments that had been allegedly operating in violation of their NOCs, issued under an interim arrangement.
DC Memon and Islamabad Inspector General of Police Syed Ali Nasir Rizvi had appeared before the court in their personal capacities. Islamabad Advocate General Naveed Hayat Malik and acting Prosecutor General Manzoor Ahmed Jajja were also present.
During the hearing, Justice Dogar had said the court respected cafe owners’ business interests, but the entire city could not be affected in the name of business. He also warned of the health risks to young people.
IG Rizvi told the court that police had taken action against sheesha cafes and registered cases against some establishments. He said police teams had faced resistance during raids and that children aged 14 and 15 had been found at some cafes.
The district administration told the court that NOCs for sheesha cafes were being issued under an interim arrangement pending federal legislation. Under the arrangement, sheesha could only be served in an open, unroofed area with a separate “terrace permit”.
