Cinema hall owners can decide on allowing food and beverages in theatres, says Supreme Court

Cinema hall owners have the right to set conditions on movie goers carrying food and beverages inside theatres, the Supreme Court said on Tuesday, Bar and Bench reported.

A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha said that cinema halls are private properties, and owners have the right to put in place terms and conditions as they see fit, provided they are not contrary to public interest or safety.

The bench was hearing appeals by a group of cinema hall owners and the Multiplex Association of India against a 2018 order of the Jammu and Kashmir High Court. The High Court had directed cinema hall owners not to prevent viewers from carrying food and beverages inside theatres.

The Supreme Court set aside the High Court order, and said that viewers who visit a cinema hall have to adhere to the rules of the premises.

“Viewers visit a cinema hall for the purpose of entertainment,” the court said, according to PTI. “We are clearly of the view that the High Court transgressed the limits in the exercise of its jurisdiction under Article 226 of the Constitution by ordering and directing the state to ensure that there should be no prohibition on a movie goer bringing eatables and beverages from outside within the precinct of a cinema hall.”

Article 226 deals with the power of High Courts to issue writs to prevent violations of fundamental rights.

The Supreme Court noted statements of cinema hall owners that they make arrangements for the supply of hygienic drinking water free of charge. It also noted that in cases involving infants and young children, as a matter of practice, the owners had no objection to allowing a reasonable amount of food to be carried inside.

The court said that the rule-making power of the government must be in consonance with the right of cinema hall owners to carry out their business.

“Suppose, somebody starts getting ‘jalebis’ into the cinema hall, the owner could say you eat your ‘jalebis’ and wipe your hands on the seats,” Chief Justice Chandrachud orally observed, according to PTI. “I am just giving...an example.”