Cinema halls, multiplexes have right to regulate movie goers from carrying food and beverage from outside: Supreme Court

The Supreme Court Tuesday held that an owner of a cinema hall has the right to regulate movies goers from carrying food and beverage from outside into the movie hall..A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha underlined that a cinema hall is the private property of the owner of such hall and he is entitled to put such terms and conditions as he deems fit provided the same are not contrary to public interest or safety."A cinema hall owner has the right to regulate the entry of food and beverage. Whether to consume what is available is entirely upon the choice of the movie goer. Viewers visit hall for entertainment," the Court said.If a viewer enters a movie hall, he/ she has to adhere to the rules of the cinema hall owner and it is evidently a matter of commercial decision of theatre owner, the Court added.The Court, therefore, set aside a direction of the Jammu and Kashmir High Court which had ordered multiplexes and movie theatres not to prevent cinema goers from carrying their own food and beverages into movie halls."The High Court exceeded jurisdiction in passing such an order. It has been submitted movie hall owners that drinking water will be supplied free of charge and when an infant accompanies a parent, as a matter of practice hall owners do not object to reasonable amount of food for infant," the Court noted..The Court was hearing a batch of appeals filed by theatre owners and Multiplex Association of India challenging a 2018 verdict of the High Court.The High Court had passed directions to allow outside food in cinema halls after noting that the rules framed by Jammu and Kashmir did not prohibit movie goers from carrying their own food or water bottle inside the hall. Senior Advocate KV Viswanathan submitted that precincts of cinema halls is not a public property and admission to such halls is reserved by cinema hall owner. He further submitted that there is no compulsion to buy the food. As regards water that all halls ensure that hygienic water is made available, he added..The original petitioner submitted that cinema ticket which is issued by the hall represent a contract with movie goer and that such a movie goer cannot be prevented from getting eatables inside the hall.The Court after considering the submissions ruled that the fundanemtal issue before it was of trade and business of cinema halls.The top court conceded that rules framed by the government did not prohibit brining food into cinema halls from outside.However, a cinema hall owner has the right to carry on his trade and occupation by laying down terms and conditions."It needs no emphasis that rule making power of the State has to be in consonance with the fundamental right of cinema hall owner to carry a business trade etc," the Court said.