A Mumbai-based restaurateur has approached the Bombay high court (HC) seeking a declaration on allowing him to serve “herbal” hookah at three rooftop restaurants. In his petition, the restaurateur stated the provisions of Cigarettes and Other Tobacco Products Act (COTPA), 2003, do not apply to tobacco-free hookah and the authorities cannot take coercive action against him if he starts serving “herbal” hookah.

He further stated that he had employed more than 400 people in the restaurants but his outlets have been shut after 14 people lost their lives two years ago in a fire tragedy at a rooftop restaurant in Kamala Mills. After the tragic incident, the state amended COTPA and imposed a ban on hookah bars in Mumbai and prescribed imprisonment of up to three years.