TOBACCO CONTROL LAWS

Usman Javed Siddiqui v. Model Town Society (WP No. 12537-2012)

A landlord attempted to stop a café from offering “shisha” (water pipe smoking) and, when the café did not stop, disconnected the café’s utilities. The owner of the cafe sued the landlord (a model town housing society) for interfering with his business by disconnecting his electricity and water. The court dismissed the claim based on its earlier ruling (in Society of Alternative Media and Research v. Punjab) that the 2002 Non-Smokers Health Ordinance should be enforced against the use of shisha in public places. The court ordered the housing association to restore the utility connections to the cafe once the cafe submitted an assurance to the court that it will no longer offer shisha.

DOWNLOAD DOCUMENT

Usman Javed Siddiqui v. Model Town Society, WP No. 12537-2012, Lahore High Court (2012).

  • Pakistan
  • Nov 7, 2012
  • Lahore High Court

Parties

Plaintiff Usman Javed Siddiqui

Defendant

  • Managing Committee, Model Town Co-operative Housing Society, Club Chowk, Model Town, Lahore
  • Model Town Co-operative Housing Society, Club Chowk, Model Town, Lahore
  • Registrar Co-operative housing Societies, Bank Square, The Mall, Lahore

Legislation Cited

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

Related Documents

Writ Petition Order Dated 05-21-12

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

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.
1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by