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The bench was informed by the movie hall owners that drinking water will be supplied free of charge and when an infant accompanies a parent, as a matter of practice, hall owners do not object to reasonable amount of food for infant
The Supreme Court on Tuesday set aside a Jammu and Kashmir High Court order holding that the theatre owners shall not restrict their customers from bringing their own food and beverages in the movie theatres.
A bench of the Chief Justice of India DY Chandrachud and Justice PS Narasimha said that a theatre is a private property of the theatre owners and they are well within their rights to impose such restrictions.
The order has been passed in a batch of petitions filed by movie theatre owners challenging the High Court's order allowing customers to bring their own food inside the movie theatres.
Senior Advocate KV Vishwanathan appearing for the movie theatre owners submitted that the cinema halls are not a public property and the admissions are reserved by their respective owners. Additionally Vishwanath informed the bench that there is no compulsion on buying the food items from the theatres.
However, the bench opined that "It needs no emphasis that rule making power of the State has to be in consonance with the fundamental right of cinema hall owner to carry a business trade etc."
Additionally, while setting aside the High Court's order said, "The High Court exceeded jurisdiction in passing such an order. It has been submitted movie hall owners that drinking water will be supplied free of charge and when an infant accompanies a parent, as a matter of practice hall owners do not object to reasonable amount of food for infant."
Case Title: K.C. CINEMA (CORRECT NAME K.C. THEATRE) Vs. THE STATE OF JAMMU AND KASHMIR AND ORS
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