Islamabad admin announces 'complete ban' on sheesha cafes as IHC gives a month to formulate regulations

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ISLAMABAD: Islamabad Deputy Commissioner (DC) Irfan Nawaz Memon on Wednesday announced a “complete” ban on running sheesha cafes in the federal capital. “Immediately implementing the Islamabad High Court’s order, a ban has been imposed on running sheesha cafes in the federal capital until further orders,” the DC posted on X. He added that the restriction also covered all kinds of sheesha cafes, including those that had no-objection certificates (NOCs) and outdoor and indoor cafes. Cafes found in violation of the order would be sealed, and a case would be registered against the owner, he warned, adding that assistant commissioners would ensure inspections on a daily basis. The DC’s announcement came after the Islamabad High Court (IHC) observed earlier in the day that sheesha cafes couldn’t be allowed to operate without a proper regulatory framework and gave the district administration one month to formulate comprehensive rules and regulations. IHC Chief Justice Sardar Muhammad Sarfraz Dogar issued the directive while hearing petitions pertaining to several sheesha cafes in Islamabad and the action taken against establishments that had been allegedly operating in violation of their NOCs, issued under an interim arrangement. DC Memon and Islamabad Inspector General of Police (IG) Syed Ali Nasir Rizvi also appeared before the court in their personal capacities at the hearing. Islamabad Advocate General Naveed Hayat Malik and acting Prosecutor General Manzoor Ahmed Jajja were also present. During the proceedings, the chief justice said that the court respected the business interests of cafe owners, but the entire city could not be allowed to be affected in the name of business. “Tomorrow, your brother or someone from your family could become a victim,” the chief justice remarked, referring to health implications. He questioned the manner in which sheesha was being served, observing that if hashish was mixed with tobacco, it would amount to smoking. He further remarked that such activities were taking place openly and warned that the younger generation was being pushed towards destruction. The Islamabad police chief informed the court that strict action had been taken against sheesha cafes following the court’s earlier directives, and cases had been registered against some establishments. The IG claimed that police teams had faced resistance from cafe owners during raids and that children aged 14 and 15 had also been found at some establishments. He further stated that an awareness campaign regarding the harmful effects and regulation of sheesha cafes had also been launched. Following that, CJ Dogar observed that sheesha cafes could not be allowed to operate as they were running presently, without rules and regulations. “There are no rules and regulations,” the chief justice observed, adding that the existing arrangement was damaging the lives of people in Islamabad. Acting Prosecutor General Jajja told the court that children aged 18 or below were among those involved in selling sheesha and suggested that directions be issued to the Ministry of Health and the federal government to formulate proper rules. He said the issue was more serious than that of smog and required a comprehensive regulatory response. When the CJ asked whether the cafe owners “shut their doors” when a police team conducted raids, the Islamabad IG replied in the affirmative, saying that it had been several times. During the proceedings, the chief commissioner and district administration submitted their written response to the court. According to the response, NOCs for sheesha cafes are currently being issued under an interim arrangement pending approval of regular legislation by the federal government. The district administration said all NOCs had been issued without any fee. The response stated separate standard operating procedures (SOPs) were not considered necessary as the criteria for issuing NOCs were based on the high court’s directives and World Health Organisation’s guidelines (WHO). Under the existing arrangement, sheesha could only be served in an open, unroofed area. A separate written “terrace permit” was required from the assistant commissioner concerned for serving sheesha at an open-air location, the response said. The assistant commissioner concerned would be given the authority to inspect an establishment, impose additional conditions and take action according to law upon receiving complaints from the public, it added. The administration said a crackdown against sheesha cafes in Islamabad had been launched in 2021 and that unsafe storage of coal and related equipment posed a significant fire hazard. It added that fire prevention and safety measures had been made mandatory for restaurants, while inspection teams had also been directed to check the validity and safety of fire extinguishers. The administration maintained that sheesha and other tobacco products could only be served to adults and that environmental standards were required to be maintained. It further stressed the need to implement international and legal regulations to protect citizens from exposure to tobacco smoke. For its part, the IHC said that the existing court-approved arrangement would remain in force until the federal government framed regular rules. He directed the district administration to formulate the required rules within one month and adjourned the hearing.

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