TOBACCO CONTROL LAWS

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.

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

  • Pakistan
  • Dec 10, 2012
  • Lahore High Court

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

Prohibition of Smoking in Enclosed Places and Protection of Non-smokers Health Ordinance, 2002

Related Documents

pl application PK interim 11-5 PK interim 11-26 PK_writ petition

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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