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.