'Cinema halls can stop moviegoers from carrying food and beverage from outside,' rules SC

The Supreme Court on Tuesday, in a strong message, ruled that the cinema halls are allowed to set the norms for the sale of food and beverages inside the halls and can restrict viewers from getting the outside food inside the premises of the cinema hall. 

“A moviegoer has a choice to not consume the same," the bench led by Chief Justice of India DY Chandrachud said. However, the bench also suggested that the cinemas must not stop the food carried by parents for their small children.

'Cinemas are private properties,' says apex court

During the proceedings, CJI Chandrachud said, "Cinemas are private properties. The owner can decide on the rights of prohibition. If one wants to take jalebi (a sweet dish) inside the cinema hall, the owner has the right to object to the same, stating that after eating jalebi, the person might wipe his hands with the chair and ruin it unnecessarily. "

He further added, "Hygienic drinking water is available for everyone for free and food for infants is also allowed, but not every food can be allowed inside the premises."

SC sets aside direction of Jammu and Kashmir High Court

The top court bench also dismissed a direction of the Jammu and Kashmir High Court which asked multiplexes and movie theatres not to stop cinema goers from getting their own food from outside into movie halls.

The Supreme Court stated, "The high court exceeded its jurisdiction in passing such an order. It needs no emphasis that the rule-making power of the state has to be in consonance with the fundamental right of cinema hall owners to carry out a business trade, etc."

The apex court was hearing some appeals registered by theatre owners and the Multiplex Association of India where it challenged a 2018 verdict of the Jammu and Kashmir High Court.

During the proceeding, counsel for the original petitioner in the case before the high court told the bench, "There should be some uniformity. The moviegoers enter into a contract with the cinema as soon as the ticket is purchased and in the absence of prohibition printed on it, food cannot be prohibited."

The statement was contradicted by senior advocate KV Viswanathan who appeared in the favour of cinema hall owners, stating that cinema halls are not public property and admission to these halls must be reserved for cinema hall owners.