The Islamabad High Court (IHC) has barred authorities from taking “coercive measures” against legally operating sheesha cafes in the capital.
The court directed the authorities to finalise rules governing such establishments within one month.
The IHC issued the written order on Saturday after hearing petitions related to sheesha cafes. The court also sought a response from the federal government over the lack of a clear legal framework.
Court Orders Rules for Sheesha Cafes
The high court directed the government to finalise rules for sheesha cafes within one month. It also ordered the authorities to submit a compliance report.
The court further directed the federal cabinet to speed up approval of laws restricting sheesha smoking.
The IHC said protecting young people from drugs and sheesha smoking remains the government’s responsibility. It directed the Islamabad advocate general and additional attorney general to raise the matter with the relevant authorities.
However, the court made it clear that authorities must not take unlawful action against cafes operating within the law.
Action Against Illegal Cafes
The IHC ordered Islamabad police to continue strict action against illegal sheesha cafes.
It also directed the Anti-Narcotics Force (ANF) to cooperate with police in eliminating drugs.
The court said authorities should start legal proceedings against cafes that violate the law or their permit conditions.
During Wednesday’s hearing, Islamabad’s inspector general of police told the court that authorities had registered FIRs against several people. He also said cafe owners had resisted raids.
The police chief informed the court that authorities had found children aged 14 and 15 at some sheesha cafes.
Temporary NOCs for Sheesha Cafes
The district administration told the court that it currently issues NOCs for sheesha cafes under a temporary arrangement.
The administration said the federal government must first approve formal rules. It also said authorities had issued the existing NOCs without charging a fee.
According to the administration, cafes can serve sheesha only in open-air and uncovered areas. The arrangement follows the IHC’s directions and World Health Organisation guidelines.
Cafe owners must also obtain a separate written terrace permit from the relevant assistant commissioner before serving sheesha outdoors.
The administration said officials would regularly inspect fire-safety arrangements. They can also impose additional conditions and take legal action after receiving public complaints.
IHC Seeks Action on Sheesha Regulations
The court ordered all relevant petitions concerning sheesha cafes to be clubbed together.
The IHC will hear the case again on October 13.
The written order came after Islamabad Deputy Commissioner Irfan Nawaz Memon issued an order on September 9. His order imposed a complete ban on sheesha cafes in the federal capital until further notice.
The ban covers cafes with NOCs as well as both indoor and outdoor establishments.
Memon said authorities would seal cafes that violate the ban. They would also register FIRs against their owners.
Assistant commissioners would conduct daily inspections to monitor compliance.
