The Supreme Court observed that cinema hall owners are fully entitled to set their terms and conditions for sale of food and beverages inside the halls.
“Suppose someone starts getting jalebis. Owner would not want anyone wiping their hands on the seats,” said a bench comprising Chief Justice D.Y. Chandrachud and Justice Pamidighantam Sri Narasimha.
Chief Justice Chandrachud said, “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 the hall for entertainment.”
The court further said that the cinema hall owners may not want “tandoori chicken to be bought in the hall” but clarified that no one was forcing cinema goers to buy popcorn.
The bench said that a movie goer has a choice to not consume the food and beverages served inside the theatres.
A cinema hall is the private property of the owner and he is entitled to put such terms and conditions as he deems fit provided the same are not contrary to public interest or safety, the bench observed.
The court said that viewer has to adhere to the rules of the cinema hall and it is evidently a matter of commercial decision of the theatre owner.
“The cinema hall is not a gym where you need healthy food. It is a place of entertainment. It is privately owned, so it is the owner’s prerogative,” the court said.
The top court said this while setting aside the Jammu and Kashmir High Court order which had directed the multiplexes and movie theatres not to prevent cinema goers from carrying their own food and beverages inside the movie halls.
The top court was hearing a batch of appeals filed by theatre owners and Multiplex Association of India challenging a 2018 verdict of the High Court.
