A Supreme Court bench headed by Chief Justice of India DY Chandrachud noted on January 3 that cinema halls are private properties of the owners, who, therefore, have the right to regulate if moviegoers will carry food and beverage inside.
Justice PS Narasimha explained: "The basic premise is that cinema has a right to reserve admission. The cinema owners have a right to sell their own food and beverages."
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"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 goer has the choice to not purchase the same," the court said.
The bench, however, also directed cinema owners to make provisions for hygienic drinking water free of cost for all moviegoers and also allow parents with infants and children to carry a reasonable amount of food inside the theatres, Live Law reported.
The issue had come to the fore when the Jammu and Kashmir High Court had directed multiplexes and cinema halls to not stop cinema goers from carrying food and water inside.
Arguing on behalf of the cinema hall owners, senior advocate KV Vishwanathan said placing restrictions on food and beverages brought from outside is aimed at ensuring security. The prohibition is similar to the measures which are enacted at places such as airports, he added.
The court, while ruling in favour of the cinema hall owners, said the high court had "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 the theatre owner," CNBC TV-18 quoted the bench as stating.
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