NEW DELHI: The Supreme Court on Tuesday declared a cinema hall owner can regulate and restrict movie goers from bringing in their food or beverages inside the theatres.
"A cinema hall is a private property. What goes in is for the owner of the property to decide subject to statutory rules. So saying that arms are not allowed or no discrimination on basis of caste or gender can be there is fine," a bench of Chief Justice D Y Chandrachud and P S Narasimha said.
The top court said the cinema hall owners can set terms and conditions for the entry but not contrary to public interest and safety.
The bench set aside the Jammu and Kashmir High Court's decision which directed owners of multiplexes/cinema halls not to prohibit cinema goers from carrying their own food articles and water inside the theatre.
"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 is his right. He may not want tandoori chicken to be bought in. No one is forcing them to buy popcorn. But the owner has a right," the bench emphasised.
Senior Advocate K V Vishwanathan, appearing for the owners submitted that since cinema halls were a private properties, they could reserves admission rights.
Such prohibitions ensured security as it could be seen in airports and in other places as well.
Further, the Jammu and Kashmir Cinema (Regulations) Rules 1975 do not provide that a movie goer should be allowed to bring eatables inside theatres, he said.
Maintaining that there was no compulsion on anyone to visit cinema theatres or purchase food, he said that all cinema halls had provisions to make available hygienic water for movie goers and that the guardians were allowed to bring in food for infants.
Opposing the submission, the counsel for the original petitioner said the the cinema ticket represented a contract between a movie goer and the theatre. In absence of anything printed on the ticket, outside food could not be prohibited.
The bench, however, said, "The owner is entitled 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."
The court, at the same time, said that cinema hall owners have to provide hygienic drinking water without any charge and allow reasonable foods for the infants.
