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HIGH COURT OF KARNATAKA
M. NAGAPRASANNA, J
SRI. R. BHARATH S/O M. RAMESH – Appellant
Versus
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE – Respondent
| Table of Content |
|---|
| 1. introduction to petitions against hookah notification. (Para 1 , 2 , 3 , 5) |
| 2. arguments surrounding legality of the hookah ban. (Para 4 , 6 , 7) |
| 3. court's consideration of public health implications. (Para 8 , 14 , 15 , 18) |
| 4. balance of fundamental rights and public health. (Para 11 , 16) |
| 5. final ruling and rejection of petitions. (Para 12 , 26 , 30 , 32) |
ORDER
2. Succinctly stated, facts germane are as follows:-
3. When things stood thus, Government of Karnataka comes up with the impugned notification dated 07-02-2024, by which the Government imposes a blanket ban on sale of hookah and in all its forms. The ban is imposed taking recourse to two enactments viz., The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as ‘COTPA’ for short) and the Karnataka Poisons (Possession and Sale) Rules, 2015. The moment ban is clamped upon the restaurants for sale of any form of hookah in public places, these petitions have emerged before this Court.
IMPUGNED NOTIFICATION:
SUBMISSIONS:
PETITIONERS:
THE STATE – ADVOCATE GENERAL:
7. The learned counsel represe
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