LITIGATION BY COUNTRY

Pakistan

Manager Smoke Sheesha Abbotabad v. Asst. Commissioner Abbottabad

A government inspector sent a final warning to a sheesha cafe to stop selling sheesha in public places, and to persons under the age of 18 years old. The manager of the sheesha cafe sought a Criminal Revision, but the court rejected the petition because it was without substance.

Manager Smoke Sheesha Jadoon Plaza Abbottabad through Imtiaz Ali s/o Salah Muhammad r/o Sethi Masjid Mansehra Road, Abbottabad v. Assistant Commissioner Abbottabad, Cr Revision #14/Cr of 2014 (05 August 2014)

Pakistan
Aug 5, 2014
Court of Mr. Aurangzeb, Abbottabad

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Parties

Plaintiff Manager Smoke Sheesha Jadoon Plaza Abbottabad

Defendant Assistant Commissioner Abbottabad District

Legislation Cited

SRO 51(KE)(Withdrawal of DSAs)/2009

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

SRO No. 956(1)/2008

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)

Sales to or by Minors

Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

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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