IHC restrains authorities from taking ‘coercive measures’ against legal sheesha cafes

• IHC calls absence of legal framework concerning.
• Federal cabinet ordered to expedite sheesha laws.
• Islamabad police told to target illegal cafes.

The Islamabad High Court (IHC) has barred authorities from taking “coercive measures” against legally operating sheesha cafes, directing them to finalise rules governing such establishments within one month.

During the hearing of the case on Wednesday, the IHC sought a response from the federal government on the matter and expressed concern over the absence of a legal framework for sheesha cafes.

In its written order issued on Saturday, the high court directed the government to ensure that rules concerning sheesha cafes were finalised within one month and a compliance report be submitted.

It also directed the federal cabinet to expedite approval of laws restricting sheesha smoking.

The IHC observed that protecting the younger generation from drugs and sheesha smoking was the government’s responsibility, while directing the Islamabad advocate general and additional attorney general to raise the matter before the relevant authorities.

The court ordered Islamabad police to continue strict action against illegal sheesha cafes and directed the Anti-Narcotics Force (ANF) to cooperate with police in eliminating drugs.

However, it directed that restaurants and cafes operating in accordance with the law should not face unlawful action, while strict legal proceedings should be initiated where the law or permit conditions were violated.

During Wednesday’s hearing, Islamabad’s inspector general of police told the court that authorities had registered FIRs against some people and faced resistance from cafe owners during raids. He said children aged 14 and 15 were also found at some sheesha cafes.

The district administration had informed the court that NOCs for sheesha cafes were currently being issued under a temporary arrangement until formal rules were approved by the federal government. It said all NOCs had been issued without a fee.

According to the administration, sheesha was permitted only in open-air, uncovered areas in line with the high court’s directions and World Health Organisation guidelines. A separate written terrace permit from the relevant assistant commissioner was mandatory for serving sheesha outdoors.

The administration said fire-safety arrangements would be regularly inspected and that officials could conduct inspections, impose additional conditions and take legal action following public complaints.

The IHC also ordered all relevant petitions concerning sheesha cafes to be clubbed together. The court will hear the case again on October 13.

The court’s written order follows Islamabad Deputy Commissioner Irfan Nawaz Memon’s September 9 order imposing a complete ban on sheesha cafes in the federal capital until further orders.

The ban applies to cafes with NOCs and to indoor and outdoor establishments.

Memon said violations would result in the cafe being sealed and an FIR registered against its owner, while assistant commissioners would conduct daily inspections to ensure compliance.