The National Restaurant Association moved Calcutta High Court on Thursday, challenging the validity of the decision of the Kolkata and Bidhannagar police to close down hookah bars.
The association’s contention is that the police’s decision is contrary to provisions in the Cigarette and Other Tobacco Products Act.
Appearing on behalf of the association, advocate Jaydeep Kar submitted in the court of Justice Rajasekhar Mantha: “Since the Tobacco Act is a central act and the subject is not on the concurrent list, the Kolkata or Bidhannagar police have no right to take the decision to close down hookah bars.”
Justice Mantha decided to hear the case in detail on January 24 and asked the Kolkata and Bidhannagar police to file affidavits stating on what basis they decided to shut down hookah bars in their areas.
Both Kolkata police and Bidhannagar police have launched a crackdown on hookah bars and arrested several persons under the Cigarette and Other Tobacco Products Act on the charge of running hookah bars illegally.
Kolkata mayor Firhad Hakim had in December announced that the licence of all hookah bars in the city would be cancelled and no new licence would be issued to run such a bar.
Soon after, the Bidhannagar Municipal Corporation issued prohibitory orders for hookah bars in its area. Following the decisions of the two civic bodies, Kolkata and Bidhannagar police started conducting raids on hookah bars in their respective areas.
Hakim had said the move to ban hookah bars was prompted by multiple complaints of drug abuse in those establishments.
KMC officials said they had issued 40 licences for hookah bars. But, officials said, much more such bars were operating in the city.
Kolkata police have arrested at least 14 persons over the past month for allegedly running illegal hookah bars. In the area under the Bidhannagar police commissionerate, at least three persons have been arrested.
Many hookah parlours have been shut down since the two civic bodies announced their decisions.
Sources in the National Restaurant Association said the harassment meted out to the members who once served hookah at their establishments prompted them to move court.
