IHC Questions Shisha Cafe Regulations in Islamabad

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ISLAMABAD: The Islamabad High Court has sought details about the number of shisha cafes operating in the capital and directed the district administration to formulate rules for their regulation within one month.

Chief Justice Sarfraz Dogar heard petitions seeking details of shisha cafes operating in Islamabad and action against establishments allegedly violating their no-objection certificates (NOCs).

The Inspector General of Islamabad Police and Deputy Commissioner appeared before the court in person. Advocate General Naveed Hayat Malik and Acting Prosecutor General Manzoor Ahmad Jajja also attended the proceedings.

During the hearing, Chief Justice Dogar questioned the nature of substances being used in shisha cafes and remarked that if hashish were mixed with tobacco, it could not simply be treated as ordinary smoking.

The chief justice told the cafe operators that the court respected their businesses but cautioned against activities that could negatively affect the wider community.

He observed that such activities were taking place in open spaces and warned that allowing them without proper regulation could have serious consequences for young people.

The Islamabad police chief told the court that strict action had been taken against shisha cafes following previous court directions. He said FIRs had been registered against some establishments and that authorities had faced resistance from cafe owners during enforcement operations.

According to the police, children as young as 14 and 15 years old had also been found at some shisha cafes. The police said an awareness campaign regarding the issue was also underway.

The chief justice questioned whether cafe operators closed their doors when police conducted raids. The Islamabad IG acknowledged that this had happened during several raids.

The Acting Prosecutor General told the court that some individuals involved in selling shisha products were also 18 or younger. He said the government and Ministry of Health should be directed to formulate appropriate regulations, adding that authorities would submit a report on substances being used at such establishments.

Chief Justice Dogar observed that shisha cafes could not continue operating in their existing form without proper rules and regulations.

Meanwhile, the Chief Commissioner and district administration submitted their written responses to the court.

According to the administration, shisha cafe NOCs are currently being issued on a temporary basis until the federal government formally approves regulations. The administration said all NOCs had been issued without charging a fee.

The district administration maintained that separate standard operating procedures for shisha cafes were not necessary, as the principles established by the High Court already provide the basis for issuing NOCs.

It further stated that, in accordance with High Court and World Health Organization guidelines, shisha could only be served in open-air, uncovered areas.

The administration said establishments wishing to serve shisha in open areas must obtain a separate written “terrace permit” from the relevant assistant commissioner. Fire-safety measures and the validity of fire extinguishers would also be inspected regularly.

Officials added that upon receiving public complaints, assistant commissioners would have the authority to conduct inspections, impose additional conditions and take legal action where necessary.