LHC orders DCO to define ‘open spaces’

Lahore High Court Chief Justice Umar Ata Bandial on Tuesday sought a report from district coordination officer, Lahore on a petition challenging the ban on sheesha and smoking. The CJ ordered the DCO to explain in writing stance on the term “open spaces” used in “Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002”. The CJ passed orders on a petition filed by Olive Grill Restaurant through counsel Shahzad Shaukat impleading Home Department secretary, DCO and others. Earlier Lahore DCO Noorul Amin Mengal appeared before the court and defended ban on Sheesha. He submitted that drugs were being used in sheesha cafes whereas sheesha and smoking could not be allowed in public places under prohibition of smoking ordinance. The court observed that cases should be registered against those who used drugs. To a court query, the DCO said that except one’s own house, all places fells under definition of public place.
To another court query regarding term “open spaces”, he said that places like desert and fields falls under the definition of open places.
However, the court ordered the DCO to submit his reply in writing and adjourned hearing till November 5.
The petitioner, in his petition, had submitted that he was offering sheesha in an open space, thus, it did not violate the prohibition of smoking ordinance but the respondents had raided his restaurant and had sealed the premises. The petitioner had challenged the ban on sheesha and pleaded the court to declare the steps taken by respondents as illegal.