The CJ further observed it was true that smoking was health hazardous but law did not ban it completely and in some countries of the world there would be a law giving protection to smoking. With this observation the CJ disposed of several petitions challenging the government's action taken against Sheesha cafes.
The CJ observed that the petitioners could challenge the relevant provision of the Prohibition of Smoking and Protection of non-smokers Health Ordinance, which authorised the government to take action against restaurants/cafes serving Sheesha to its customers. The government had taken plea that restaurant, public office, hotel lounges fell under the ambit of public places, therefore, could not be allowed for Sheesha smoking. On the other side, owners of Sheesha cafes insisted that un-constructed area of a restaurant/hotel was called "open space" and Sheesha could be offered at that place. They also challenged government's crackdown on the cafes and submitted that the use of Sheesha was not harmful for health nor it was prohibited product.