M/s. Olive Grill Restaurant v. Province of Punjab (WP No. 23510-2012)

As part of a crack down on cafes and restaurants that offer shisha (water pipe smoking), local enforcement officials raided and closed a restaurant in Punjab.  The restaurant filed a petition arguing that the 2002 law on the Prohibition of Smoking and Protection of Non-Smokers Health does not apply to outdoor areas. The court analyzed the language of the law allowing smoking in an “open place” and determined that an open place is not a place where members of the public gather as a group to smoke. Instead, an “open place” is a place open to the sky where an individual chooses to smoke. Therefore, enforcement of the smoke-free law against the outdoor café was permissible.

M/s. Olive Grill Restaurant v. Province of Punjab, WP No. 23510-2012, Lahore High Court (2012).

  • Pakistan
  • Dec 10, 2012
  • Lahore High Court
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Parties

Plaintiff M/s. Olive Grill Restaurant

Defendant

  • Additional Secretary (Internal SEcurity) Home Department, Government of the Punjab
  • CCPO Lahore
  • District Officer (Environment) City District Government Lahore
  • Province of Punjab through Secretary to the Government of the Punjab, Home Department, Civil Secretariat, Lahore
  • The Administrator City District Government Lahore/DCO Lahore
  • The City Distrtic Government Lahore through its Administrator

Third Party

  • Society of Alternative Media and Research (SAMAR)

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"According to Section 2(C) of the Ordinance, any place that is open to the sky but is cordoned in a manner to accommodate persons engaging in smoking within the enclosed restricted area cannot be described as an "open place". Therefore, an open place in the present context must necessarily be a place where an individual exercises his preference of smoking individually and not collectively. Consequently, to the extent that the District Government is taking prohibitory action against enclosed places open to the sky situated within the Sheesha cafes is concerned, such action is lawful within the meaning of Section 3 read with Section 2(c) of the Ordinance."