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‘I don’t see more than 25-30 hookah lounges reopening in the city’

Suneet Chadha, the key petitioner in the hookah bar case that contested the BMC rules, talks about his legal fight.

Suneet Chadha, the key petitioner in the hookah bar case that contested the BMC rules, talks to Dipti Nagpaul-D’Souza about his legal fight.

Suneet Chadha, the key petitioner in the hookah bar case that contested the BMC rules, talks about his legal fight.

On December 8, the Supreme Court set aside orders by civic bodies of several states prohibiting smoking or sale of tobacco in restaurants and hotels. The apex court’s order brought relief to owners of such establishments in the city that had to shut shop in 2011. Suneet Chadha, the key petitioner in the case that contested the BMC rules, talks to Dipti Nagpaul-D’Souza about his legal fight.

It’s been a three-year-long fight for you. What led you to file the petition challenging the 2011 BMC circular disallowing the sale and stocking of tobacco that caused hookah lounges to stop business?
The popular misconception is that BMC banned hookah lounges. But in truth, they took a moral stand against tobacco and introduced changes to the rules for food & beverages establishments. They said guests could smoke in a restaurant, but it would be allowed only in a dedicated smoking room. However, they disallowed any restaurant from stocking or selling tobacco and related products. This meant that while guests could come to restaurants to smoke hookah, they’d have to bring their own apparatus. Since restaurateurs aren’t in the market to do charity, they had no choice but to shut down their hookah lounges.

How did the trouble start?
It all started in 2008 with a campaign by Shubha Raul, the then Mumbai’s mayor, against hookah lounges. She even staged a dharna outside my Borivali property back then and filed a petition to ban the hookah parlours. I managed to get a stay order on that as we weren’t conducting illegal business. Then Vincent Nazareth of Crusade Against Tobacco in 2011 filed a petition. This was also the time when ACP Vasant Dhoble and his team struck on Mumbai’s nightlife. Twice, policemen came to my properties and dragged my customers to the police station for smoking hookahs while they were supposed to leave them after fining them Rs 200 a head. Then the Bombay High Court acted on the petition and asked the BMC to reset the rules. Many other states then followed suit, causing the hookah lounge business to shut down.

What was your argument in the petition?
Hookah lounges have been operating as per Cigarettes and Other Tobacco Products Act (COTPA) rules set by the Centre in keeping with WHO guidelines. The Supreme Court recognised that BMC cannot interfere with that. The law prohibits smoking in public places except in designated smoking rooms in hotels and restaurants. The apex court pointed out that the law permits the sale of cigarettes and tobacco to adults in areas outside a 100-yard radius of educational institutions.

How much damage has been caused?
The city had close to 400 hookah lounges. The ones running in rented property had to shut shop; many lost their jobs. My three properties – in Khar, Borivli and Dahisar – are owned so I had to spend money to revamp and reopen them as restaurants or budget bars. But the biggest damage caused is that the trend of hookah lounges took a hit. The reversal by SC may not revive the trend to the extent it was popular in 2011. I don’t see more than 25-30 hookah lounges reopening in the city. I too will restart hookahs only in my Khar restaurant, where I already serve flavoured hookahs.

If the trend was passe, why did you continue the fight?
Until 1997, restaurants were allowed to stay open only till 12.30 am. A petition was filed, requesting the court to allow an hour’s grace so that those who placed their last order at 12.25 am could finish their meal. The court granted the grace hour. The petition was filed by me. I believe in legally fighting for what’s right, irrespective of what it may
lead to.

First uploaded on: 10-12-2014 at 01:53 IST

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