The Islamabad High Court (IHC) has prohibited authorities from taking coercive actions against sheesha cafes operating legally, instructing the government to finalize regulations governing these establishments within one month. This directive came during a hearing on Wednesday, where the court expressed concern over the lack of a formal legal framework for sheesha cafes.
In a written order issued on Saturday, the IHC mandated the federal government to complete the formulation of rules related to sheesha cafes within 30 days and submit a compliance report. Additionally, the court urged the federal cabinet to expedite the approval of laws aimed at restricting sheesha smoking.
The court emphasized the government’s duty to protect youth from the harms of drugs and sheesha smoking. It directed the Islamabad advocate general and the additional attorney general to raise the issue with the relevant authorities. Meanwhile, the Islamabad police were instructed to maintain strict enforcement against illegal sheesha cafes, with the Anti-Narcotics Force (ANF) cooperating in efforts to eliminate drug-related activities.
However, the court clarified that restaurants and cafes operating in accordance with the law should not be subjected to unlawful actions. It stressed that strict legal proceedings must be initiated only against those violating laws or permit conditions.
During the hearing, Islamabad’s inspector general of police informed the court that FIRs had been registered against certain individuals and that resistance was encountered from some cafe owners during raids. He also noted the presence of minors, aged 14 and 15, at some sheesha cafes.
The district administration reported that NOCs for sheesha cafes were currently being issued under a temporary arrangement pending formal rule approval by the federal government. All NOCs had been granted without any fees. the administration, sheesha smoking was permitted only in open-air, uncovered areas in compliance with the IHC’s directions and World Health Organization guidelines. A separate terrace permit from the relevant assistant commissioner was required for outdoor sheesha service.
Fire safety measures would be regularly inspected, and officials retained the authority to conduct inspections, impose additional conditions, and take legal action based on public complaints.
In a significant development, the IHC ordered all related petitions concerning sheesha cafes to be consolidated. The court scheduled the next hearing for October 13.
This order follows Islamabad Deputy Commissioner Irfan Nawaz Memon’s directive on September 9, which imposed a complete ban on sheesha cafes in the federal capital until further notice. The ban applied to cafes with NOCs as well as indoor and outdoor venues. Memon warned that violations would lead to sealing of the cafes and FIR registration against owners, with assistant commissioners conducting daily inspections to ensure compliance.
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