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

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product