Sheesha ban: Not before me because I’m a smoker, says the judge

A division bench of the Sindh High Court on Friday declined to take up a case challenging a ban on Sheesha smoking.


Our Correspondent April 28, 2012

KARACHI:


A division bench of the Sindh High Court on Friday declined to take up a case challenging a ban on Sheesha smoking as one of the two judges on the bench admitted to himself being a smoker.


The bench comprising Justices Maqbool Baqar and Muhammad Shafi Siddiqui was assigned the hearing of a petition filed by the owners/managers of three restaurants challenging a recently imposed ban on the use of Sheesha at public places.

As soon as the file was put up before the judges, Justice Maqbool Baqar, heading the bench, told counsel for petitioners: “You better try your luck elsewhere. I smoke and know the damaging effects.”  He further said that Sheesha is more injurious as water does not make it clean.”

M. Ilyas Khan, a senior lawyer appeared for the petitioners, who serve Sheesha at their restaurants and hotel situated in posh localities of the city. The ban on Sheesha was imposed under section 144 of Criminal Procedure Code and therefore it is illegal, argued counsel for petitioners. “The governor should have issued an ordinance,” he contended.

“Do you want an ordinance to ban it,” asked the bench and said it “will pass such orders directing respondents to come up with an ordinance.”

Ilyas Khan submitted that ban was discriminatory and if at all any step is necessary, it is to prohibit the use or serving of Sheesha to minors. “Sheesha is in use since 400 years and mostly in Muslim countries,” he said seeking steps and orders for regulating its use.

“Sorry, most of the users are minors. Do you really feel a regulation would work?” the bench remarked while dictating the order declining to hear the case.

The petition will now be fixed before another bench available or a specially constituted bench.

Published in The Express Tribune, April 29th, 2012. 

COMMENTS (16)

Fahd Ali Raza | 11 years ago | Reply

@DKNY: Wow! 80,000! Thats a large number! I didn't know the sheesha industry was so huge in Pakistan. I mean, that deserves to have its own index in the KSE. 80,000! Whew! No wonder we will have to play LUDO at home like in the old days, if 80,000 sheesha bars are shut down.

My congratulations to the sheesha bar assoication, also, for keeping the number a good round 80,000. Come on, its an achievement to hold it EXACTLY at that. Even if one drops, it becomes 79,999. Its remarkable.

DKNY | 11 years ago | Reply

This is not acceptable. Think of how many people will be out of jobs. More then 80, 000 families will be effected by it. Our economy is already going down the drain, and this step will further do the damage. It was perhaps one of the fewer activities the people in our country did together. They just want us to sit at home and play ''LUDO'' like in the old days. This government does not want "US" to be happy at all. It is only worried about the revenue it generates for their own pockets.

VIEW MORE COMMENTS
Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ