ISLAMABAD, Sep 12 (Alliance News): The Islamabad High Court (IHC) has restrained authorities from taking “coercive measures” against legally operating sheesha cafes and directed the government to finalise rules governing such establishments within one month.
In its written order issued on Saturday, the high court sought a response from the federal government and expressed concern over the absence of a clear legal framework for sheesha cafes.
The court directed the government to finalise the relevant rules within one month and submit a compliance report. It also asked the federal cabinet to expedite approval of legislation regulating sheesha smoking.
The IHC observed that protecting young people from drugs and sheesha smoking was the government’s responsibility. It directed the Islamabad advocate general and additional attorney general to raise the matter before the relevant authorities.
At the same time, 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 combating drug-related activities.
However, the court made it clear that restaurants and cafes operating in accordance with the law should not face unlawful action. It directed authorities to initiate legal proceedings where establishments violate the law or the conditions of their permits.
During Wednesday’s hearing, Islamabad Inspector General of Police told the court that FIRs had been registered against some individuals and that authorities had faced resistance from cafe owners during raids. He also said children aged 14 and 15 had been found at some sheesha cafes.
The district administration 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 the NOCs were being issued without a fee.
According to the administration, sheesha was permitted only in open-air and uncovered areas in line with the court’s directions and World Health Organization guidelines. A separate written terrace permit from the relevant assistant commissioner was required for serving sheesha outdoors.
The administration said fire-safety arrangements would be inspected regularly and 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 case will next be heard on October 13.
The written order came days after Islamabad Deputy Commissioner Irfan Nawaz Memon issued an order on September 9 imposing a complete ban on sheesha cafes in the federal capital until further orders.
The ban covered cafes with NOCs as well as both indoor and outdoor establishments.
Memon had said violations would result in cafes being sealed and FIRs being registered against their owners, while assistant commissioners would conduct daily inspections to ensure compliance.
