The Islamabad High Court (IHC) has imposed an interim ban on all shisha cafes operating in the federal capital, and the IHC sheesha cafe ban will stay in force until rules for the sector are framed and enforced. The court announced the order on Wednesday, October 21, and its detailed written judgment has since been issued. The district administration has responded by ordering a tougher crackdown, with cafes being sealed and equipment seized across Islamabad.
What the court ordered
The court said that no-objection certificates (NOCs) issued by the district administration could not make an activity legal when the law provides no regulatory framework for it. The IHC sheesha cafe ban also applies to cafes that already hold NOCs, which the court said would be deemed withdrawn. The chief commissioner, the deputy commissioner and the inspector general (IG) of police were directed to implement the order, and copies of the judgment were to go to all relevant authorities.
The judgment noted that an earlier IHC order from 2022 had asked the authorities to build a comprehensive regulatory mechanism for shisha cafes, and that this had not happened. It also said the federal government had not finalised the draft Shisha Rules 2023, which the Cabinet Committee for Legislative Cases had repeatedly sent back to the ministry for revision. On health, the court said both flavoured and plain shisha expose users to nicotine, carbon monoxide and cancer-causing toxins, and that water filtration does not remove them. It also cited World Health Organization (WHO) guidance supporting limits on waterpipe smoking in indoor public places.
The court referred to a 2016 case that the Supreme Court took up on its own initiative, in which directions were issued to the provinces on shisha cafes. The petitioner had argued that cafes were breaking the law under cover of NOCs, while lawyers for the cafes said their clients were operating under valid permits. Government lawyers told the court that commercial shisha use without a framework was a serious public health concern. The IHC disposed of all petitions on the subject with these directions.
Crackdown on the ground
Following the written verdict, Deputy Commissioner Islamabad directed all assistant commissioners to speed up enforcement and ensure full compliance with the court's orders. The district administration said operations were being conducted daily and would continue on the same basis. Accounts of the scale so far differ: one statement describes several cafes sealed, while another describes a large number.
Enforcement teams are working in E-11 and Bahria Civic Centre, and the deputy commissioner has ordered that criminal cases be registered against cafe owners who refuse to cooperate. Officials were told to act against violators without discrimination. No date has been announced for the final rules, so the ban is expected to remain in place until then.
Timeline: what has happened so far
- 2016: The Supreme Court issued directions to the provinces on shisha cafes in a suo motu case, meaning one it took up on its own initiative.
- 2022: An IHC order directed authorities to set up a regulatory framework, which the court later said had not been done.
- 2023: The draft Shisha Rules 2023 were prepared, but the Cabinet Committee for Legislative Cases repeatedly returned them for revision, and they remain unfinalised.
- Wednesday, October 21: The IHC announced an interim ban on all shisha cafes in Islamabad and disposed of the petitions.
- October 21: The district administration ordered an intensified crackdown, with cafes sealed and equipment seized.
Aasan alfaaz mein
Islamabad High Court ne shehar ke tamam shisha cafes par interim pabandi laga di hai, jab tak naye rules nahi bante. Jin cafes ke paas pehle NOC thi, unki NOC ab wapas li hui maani jaayegi. Administration cafes ko seal kar rahi hai aur saaman zabt kar rahi hai, aur jo owners taawun nahi karenge un par case darj hoga. Aam shehri ke liye iska matlab hai ke pasandida cafe band ho sakti hai, aur sehat ke khatre par bahas bhi tez hai.
