The Supreme Court on Tuesday allowed cinema halls and multiplexes to prohibit movie-goers from carrying their own food and beverages inside theatres. The court, however, directed all cinema halls to provide hygienic drinking water free of cost.
A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha was hearing a plea challenging an order by the Jammu and Kashmir High Court, directing cinema halls and multiplexes to allow outside food to be carried inside.
“A cinema hall is a private property. What goes in is for the owner of the property to decide subject to statutory rules,” the Supreme Court observed, adding that cinema halls have the right to reserve admission as well as sell their own food and beverages.
Taking exception to the High Court allowing movie-goers to bring outside food into theatres, the CJI wondered what would happen if someone started getting jalebis.
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“How can the High Court say that they can bring any food inside cinema halls? Suppose someone starts getting jalebis. Owner would not want anyone wiping their hands on the seats. It’s his right. He may not want tandoori chicken to be bought in. Noone is forcing them to buy popcorn. But the owner has a right,” he noted.
The CJI, however, allowed a concession for free water to be provided at movie theatres. “At the same time, you can’t say that suppose they sell nimbu paani for Rs 20, you can’t say I’ll go buy my nimbu from outside and squeeze it in a flask and make it inside theatre.”
Dictating the order, the court said that a cinema hall is the private property of the owner of the hall and entitles the owner to set terms and conditions so long as such terms and conditions are not contrary to public interest, safety, and welfare. “The owner is entitled to set terms for sale of food and beverages. Movie goer has the choice to not purchase the same. High Court transgressed the limits on the exercise of its jurisdiction. Absent is statutory rules to that effect. The imposition of such directions would affect the legitimate rights of theatre owner,” the order stated.