Thread by @barandbench

#SupremeCourt is hearing a challenge against Jammu and Kashmir HC order which directed Multiplexes / Cinema Hall owners of J&K not to prohibit cinema goers from carrying their own food articles and water inside the theatre. #SupremeCourt is hearing an appeal against the order

Can a cinema hall owner prohibit a person from bringing their own food inside a hall ?

CJI DY Chandrachud: Cinema hall is not a gym. It is not a place for nutrition. He can say that he does not want you to eat tandoori chicken and create a mess in that area. It's his area!

CJI: Someone gets jalebi then cinema hall owner will want that you don't get it in and then wipe hands on the seat

CJI: if they serve nimbu Pani for 20 rupees then can you say that you will buy nimbu from outside and then use your water from flask and make it inside the hall ?

Order:

CJI: This batch of appeals arises from a judgment dated July 18 2018 of J&K HC. A PIL was filed by 2 lawyers with grievance that cinema halls in J&K were preventing movie goers to carry eatables inside the hall. It was said cinema owners paste notices indicating it

CJI: In case movie goer is found in possession of eatables they are prevented from entering the hall. The submission which was urged before HC that as a consequence of prohibition movie goers are compelled to take the same from the hall

CJI: ... resulting in them purchasing items at highly exorbitant rates and it was said that food sold is not of nutritious quality

CJI: HC noted that state had brought in the J&K cinema rules. HC observed that Rules do not prohibit movie goers to carry their own food or water bottle inside the hall and thus now viewers are forced to purchase food from inside the hall

CJI: The HC while accepting the grievance issued a slew of directions. The challenge is confined to direction 1 by the HC.

CJI: Sr Adv KV Vishwanathan submitted that precints of cinema halls is not a public property where admission is reserved by cinema hall owner. No compulsion to buy the food. As regards water that all halls ensure that hygienic water is made available

CJI: The original petitioner submitted that cinema ticket which is issued by the hall represent a contract with movie goer and that such a movie goer cannot be prevented from getting eatables inside the hall.

CJI: fundamental aspects here is trade and business of cinema halls is as per regulation by the state and is covered under the rules as discussed. Rules does not contain any such prohibition to bring food from outside

CJI: 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

CJI:in absence of such a prohibition HC. Was justified in passing an order excercising writ jurisdiction. Property of cinema hall is private property of owner of the hall and he is entitled to put terms and conditions so long as such T&C is not contrary to public interest, safety

CJI: A cinema hall owner has the right to regulate the entry of food and beverage. Whether to consume what is available is entirely upon the choice of the movie goer. Viewers visit hall for entertainment

CJI: HC transgressed its writ jurisdiction limit by directing that movie goers be allowed to carry their own eatables inside the hall and such a restraint would affect legitimate right of theatre owner

CJI: if a viewer enters a movie hall, they have to adhere to the rules of the cinema hall owner. This is evidently a matter of commercial decision of theatre owner.

CJI:HC 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

CJI: We allow the appeals and set aside the direction 1 of the HC as challenged before this court.

Advocates now press against disparity in ticket rates

CJI: Are you saying a luxurious hall will charge same rates as a normal hall. We will say that Rule 87 will be enforced in accordance with law and if there is discrimination it will be looked into

CJI: Rule 87 of the cinema hall regulation was not challenged before the HC and the rule has to be interpreted and implemented as it stands.

CJI: HC ordered a direction under Rule 87 and we direct that such a direction be not read over and above what is there in that rule.
#Supremecourt #cinemahalls