New Delhi, January 3
Noting that cinema halls are private property, the Supreme Court on Tuesday said the owners have the right to restrain moviegoers from carrying food and beverages from outside into the movie hall.
“Viewers visit the hall for entertainment. They will have to abide by the terms and conditions subject to which the entry is granted,” a Bench led by Chief Justice D Y Chandrachud said, setting aside a Jammu and Kashmir High Court order asking multiplex and cinema hall owners not to prohibit moviegoers from carrying their own food items and water inside cinema halls.
“The property of the cinema hall is the private property of the owner of the hall. The owner is entitled to set terms and conditions so long as such terms and conditions are not contrary to the public interest, safety, and welfare. The owner is entitled to set terms for the sale of food and beverages. Movie goers have the choice to not purchase the same,” it said.
“The regulation of what can be brought, what cannot be brought within the precincts of a private propertyhellip; is for the owner of the property to decide, subject to statutory rules which regulate his activity,” the Bench said.
“Suppose, somebody starts getting ‘jalebis’ into the cinema hall, the owner could say you eat your ‘jalebis’ and wipe your hands on the seatshellip;I am just giving you an example,” Justice Chandrachud said.
The trade and business of conducting a cinema theatre was a fundamental right under Article 19 (1)(g) of the Constitution subject to regulation by the state which has framed the Jammu and Kashmir Cinemas (Regulation) Rules, 1975, which contained no provision compelling the owner to allow a customer to bring food or beverages into the theatre.
The rule-making power of the state has to be exercised in a manner consistent with the fundamental right of the hall owners to carry on a legitimate trade and business within the meaning of Article 19 (1)(g) of the Constitution, it said.
The Bench took note of the submissions made by the counsel for appellant GS Malls Pvt. Ltd that proper arrangements were made for hygienic drinking water to the movie goers without levying any charge within cinema hall premises.
If an infant or a young child accompanied the parents, cinema hall owners never objected to a reasonable amount of food being carried for the child, the appellants told the Bench. He also said the receipts issued by theatres had a specific condition that no outside food was allowed.
