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)
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@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.
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.
We definitely need a standard ban on paan gutka etc. Sheesha is banned in public places, whoever wants to do it out of their pwn free will can do it at home, since its so "acceptable" in "islamic countries".
i total agreed with faraz comment...
There shld be no ban on sheesha it shld be rectricted that all under age shld not be allowed to have sheesha in any resturant or cafe .More over many peoples are attached with this bussiness and many are running there houses with it this in truns increase unemployment fr many.
@alicia:
Judge who doesn't smoke could be biased in the opposite direction. How are we ever going to get a verdict?
there is a ban on public smoking. you can smoke as much as you wnat in your houses, as long as you dont contaminate the environment
@DevilHunterX: Tobaco industry of pakistan whose Revenues are less then taxes paid by them to govt.... SO govt cant even think to BAN Tobaco
Underage sale of cigarettes, sheesha must be banned
Ban Gutka, Sheesha,Cigerrettes and Cigars
An honest judge.
That's just ridiculous. what happened to free will in this country?
Why doesn't the government ban 'Paan', 'Ghutka" and all the other crap people chew on.
Paan is perhaps just as harmful as smoking and many Paan addicts spit paan on public and private property.
I think its a good step. The judge who smoked could have been biased towards the case therefore he didn't take it.
BAN?? Where is the ban? Sheesha is available openly everywhere!!
well at least the guy was honest enough to admit it. On a side note, this is a stupid ban. May be the focus should be on regulation of minors. It's heavily consumed in most of the Arab countries and even in west specially in localities with higher population of Arab diaspora. In fact, to be honest, that is the one of the very fun things many Muslim youngsters get to have since they usually don't go for alternates such as drinking / partying.