IHC Seeks Reply on Shisha Cafe Ban Appeal

The Islamabad High Court on Wednesday sought the district administration’s reply on a shisha cafe ban appeal, and questioned how no-objection certificates were issued for cafes when no rules governed them.

A division bench comprising Justice Inaam Ameen Minhas and Justice Ayaz Shaukat issued notices to the administration on an intra-court appeal against a single bench decision that imposed a ban on shisha cafes in the federal capital. The bench said it would decide the matter after hearing the administration.

The owners of shisha cafes had asked the court to suspend the single bench decision. The bench did not grant that request at this hearing. It observed that it would rule on suspension only after the administration had been heard.

During the hearing, Justice Minhas observed that the High Court had already issued an earlier judgment before the single bench decision, which had also directed the authorities to frame rules and imposed a ban on shisha cafes. He questioned how no-objection certificates had subsequently been issued despite that judgment.

Counsel for the appellants, Adil Aziz Qazi, submitted that the certificates had been issued by the administration itself, and that the applicants had invested millions of rupees after receiving them. He requested the court to allow the cafes to continue operating under those certificates.

Justice Minhas observed that notices were being issued to ascertain how the certificates had been granted in the absence of rules governing shisha cafes. He further noted that the relevant rules had still not been framed, even though the matter had come before the court through an appeal. The bench then adjourned further proceedings.

Shisha cafe ban appeal: why the permits matter

The permits sit at the centre of this dispute. Cafe owners say they spent heavily after the administration gave them written permission to operate. The administration, meanwhile, has been sealing cafes and seizing equipment under court orders, and it says the campaign will continue daily until the last cafe in the city is closed.

That tension explains why the bench focused on the certificates rather than the ban alone. If the administration issued permits after a court judgment had already called for rules and a ban, the owners have a fair question about how they were allowed to invest. If the permits were issued without a legal basis, the administration has a fair question to answer about its own process.

The court has not yet resolved either question. By issuing notices, it has put the administration’s explanation at the heart of the next hearing. Cafe owners, workers and customers in Islamabad will all be affected by the answer.

How the ban reached this stage

The hearing was reported by UrduPoint, carrying an APP report. The single bench decision under appeal followed a petition seeking action against shisha centres operating in the capital. On October 15, the Islamabad High Court ordered the closure of all shisha cafes in the federal capital and directed the authorities to withdraw the no-objection certificates previously issued to them, as reported by Tribune. The cafes were to remain closed until new rules were framed.

The district administration then launched a crackdown to enforce the order. On November 3, it sealed more cafes across the city, confiscated shisha equipment and arrested operators, saying the operations were being carried out under court orders and would continue daily, as reported by UrduPoint.

The appeal now before the division bench challenges the single bench decision itself. It is a separate step from the enforcement drive, and its outcome will decide whether the ban stands, is changed, or is paused while rules are framed.

Islamabad’s courts have handled several high-profile administrative disputes this year. The court’s contempt proceedings against a Capital Development Authority official were covered in IHC CDA Contempt: Official to Face Charges on Nov 12, while the capital’s changing skyline was covered in One Constitution Avenue to Become Five-Star Hotel. Road closures in the city were covered in Rawal Dam Chowk to Serena Road Closed in Islamabad.

What happens next

The next step belongs to the district administration, which must file its reply to the notices. The bench will then decide whether to suspend the single bench decision, after hearing both sides.

Until that decision, the ban ordered by the single bench remains the position on record, and the administration’s sealing campaign has continued on that basis. Cafe owners who invested after receiving certificates will wait to learn whether the court accepts their argument that those certificates should protect them. Islamabad households have faced several service changes this week, including the winter gas schedule covered in SNGPL Winter Gas Timings for Islamabad, Punjab and KP.

Frequently asked questions

What did the Islamabad High Court decide on Wednesday?

A division bench issued notices to the district administration and sought its reply on an appeal against the single bench decision banning shisha cafes in Islamabad.

Did the court suspend the shisha cafe ban?

No. The bench said it would decide on suspension after hearing the district administration.

Who heard the appeal?

Justice Inaam Ameen Minhas and Justice Ayaz Shaukat heard the appeal as a division bench.

Why did the court question the cafe permits?

Justice Minhas questioned how no-objection certificates were issued when no rules governed shisha cafes, despite an earlier court judgment calling for rules and a ban.

What did cafe owners argue in the appeal?

Their counsel said the administration issued the certificates and the applicants invested millions of rupees after receiving them, and asked that cafes be allowed to operate under those certificates.