IHC Protects Licensed Shisha Cafes From Coercive Action
Court says restaurants operating under valid permits should not face coercive action, while directing authorities to continue enforcement against unlawful activities and complete a formal regulatory framework within one month.
ISLAMABAD: The Islamabad High Court has issued important directions concerning the operation and regulation of shisha cafes in the federal capital, providing conditional protection to businesses operating under valid permissions while maintaining authorities’ powers to act against violations.
According to the details of the court’s latest directions provided to Islamabad Tribune, restaurants serving shisha strictly in accordance with permissions issued by the competent authority are not to face coercive action merely for conducting their permitted business.
The protection, however, is conditional. The court made clear that any establishment found involved in unlawful activity or operating in breach of applicable law or the terms of its permit may face action in accordance with law.
The court also directed ICT Police to continue measures aimed at preventing unlawful shisha-related activities and offences involving prohibited substances. The directions therefore distinguish between businesses operating within their lawful permissions and activities falling outside those permissions.
Court Orders Regulatory Framework Within One Month
The development comes amid continuing judicial scrutiny of shisha cafes in Islamabad. Earlier this week, the IHC had expressed concern over the absence of a comprehensive regulatory regime and directed the district administration to formulate rules within one month. During those proceedings, the administration informed the court that NOCs had been issued under an interim arrangement pending formal federal rules.
Following the September 9 proceedings, the Islamabad administration announced a temporary blanket restriction covering indoor, outdoor and even NOC-holding shisha establishments. Subsequent enforcement operations resulted in 11 establishments being sealed in E-11, Civic Centre and I-8, according to the district administration.
In the latest directions shared with Islamabad Tribune, the High Court has also expressed concern over the continuing absence of a completed regulatory framework governing shisha-related businesses.
The court directed that the proposed rules reportedly under consideration at the federal level be finalised, while the Advocate General Islamabad and Additional Attorney General were asked to take up the matter with the relevant authorities.
The required regulatory framework is to be completed within one month, with a compliance report regarding its completion to be submitted before the court within the same period.
The directions are significant for Islamabad’s restaurant and cafe sector because they indicate that legal protection is tied to compliance with valid permissions and applicable law rather than providing an unrestricted right to operate. At the same time, authorities retain the ability to proceed against establishments found violating their permits or engaging in unlawful activity.
