Court Pulls the Plug on Islamabad Shisha Cafes

ISLAMABAD: The Islamabad High Court has directed that shisha cafes across the federal capital remain prohibited until the government puts the relevant rules and regulations into effect, with existing no-objection certificates offering no exemption from the restriction.

According to the supplied account of a 19-page written judgment issued by Chief Justice Sardar Muhammad Sarfraz Dogar, the prohibition covers commercial establishments providing shisha, including cafes operating under previously issued NOCs.

The court’s earlier closure directions and withdrawal of NOCs were independently reported on October 14. The written decision now provides the detailed reasoning behind those restrictions.

Existing NOCs Provide No Exemption

According to the judgment details, the court held that administrative permissions could not legitimise shisha operations in the absence of the required regulatory framework.

Previously issued NOCs would be treated as withdrawn, while the chief commissioner, deputy commissioner and inspector general of Islamabad Police were directed to ensure implementation.

The court also instructed the relevant law officers to have the rules finalised without unnecessary delay and ordered that copies of its decision be provided to the authorities concerned.

Earlier reporting by the Associated Press of Pakistan confirmed that the court’s directions covered all categories of shisha cafes and included withdrawal of existing permissions.

Court Questions Prolonged Delay in Rules

The supplied judgment account says the federal government had failed to finalise the proposed Shisha Rules, 2023, despite repeated opportunities and assurances during court proceedings.

It records that draft rules had repeatedly been returned to the relevant ministry for reconsideration by the Cabinet Committee for Disposal of Legislative Cases.

The court expressed concern that a complete regulatory framework remained absent despite earlier judicial directions, including an Islamabad High Court order issued in 2022.

Its reasoning was that the absence of regulations could not itself become grounds for allowing an activity requiring public-health safeguards to continue.

The dispute had already prompted judicial scrutiny before the blanket closure order. In July, the court sought responses from senior Islamabad officials over allegations that cafes were operating without permissions or breaching their conditions.

Public-Health Concerns Form Part of Reasoning

According to the supplied account, the judgment discusses World Health Organization material on waterpipe smoking and exposure to smoke in public places.

The court noted that passing smoke through water does not remove its harmful constituents and referred to risks associated with nicotine, carbon monoxide and other toxic substances. It also highlighted exposure among people nearby, particularly children and vulnerable individuals.

These observations formed part of the court’s reasoning for requiring an enforceable regulatory framework before commercial shisha operations could resume.

Cafe Operators Relied on Official Permissions

During the proceedings, the petitioner alleged that shisha cafes were breaching legal requirements while relying on NOCs issued by the district administration. The petitioner also argued that complaints to the authorities had not resulted in effective action.

Lawyers representing cafes and restaurants maintained that their clients were conducting businesses under permits and NOCs issued by the competent authorities.

According to the supplied account, government lawyers argued that commercial shisha operations without comprehensive regulation presented a serious public-health concern.

The court disposed of the connected petitions with directions to finalise the rules and enforce the restriction.

For operators, the immediate consequence is that an existing NOC does not authorise continued shisha service under the reported ruling. For residents, the decision concerns shisha operations across Islamabad; it should not be described as a blanket prohibition on every restaurant or cafe business.