2023 Supreme(SC) 64

SUPREME COURT OF INDIA
Dhananjaya Y CHANDRACHUD, CJI., Pamidighantam Sri Narasimha, J.
K.C. Cinema (Correct Name K C Theatre) - Appellant(s)
Versus
State of Jammu and Kashmir & Ors. - Respondent(s)
Civil Appeal No 77 of 2023 (Arising out of SLP(C) No 20784 of 2018) WITH Civil Appeal No 78 of 2023 (Arising out of SLP(C) No 20904 of 2018), Civil Appeal No 79 of 2023 (Arising out of SLP(C) No 21924 of 2018), Transferred Case No 28 of 2019, Transferred Case No 29 of 2019
Decided On : 03-01-2023

IMPORTANT POINTS
(1) Right recognized in Article 19(1)(g) is not an unfettered right and State may impose reasonable restrictions on exercise of that right, in terms of Article 19(6) – Trade and business of operating cinema theatres is subject to regulation by State.
(2) Prohibition on bringing eatables inside cinema halls by movie goers – Prohibition on carrying food and beverages from outside into precincts of movie hall is not contrary to public interest, safety or welfare. Cinema hall owners requested to consider requests from such movie goers on a case-by-case basis.
(3) When one party has unequal bargaining power relative to other party, any terms and conditions which are unreasonable may not be enforced as against party with lower bargaining power.

Headnote:

(A) Jammu and Kashmir Cinemas (Regulation) Rules 1975 – Constitution of India – Articles 19(1)(g), 19(6) and 226 – Public Interest Litigation – Prohibition on bringing eatables inside cinema halls by movie goers – Right recognized in Article 19(1)(g) is not an unfettered right and State may impose reasonable restrictions on exercise of that right, in terms of Article 19(6) – Trade and business of operating cinema theatres is subject to regulation by State – 1975 Rules do not contain a rule compelling owner of a cinema theatre to allow a movie goer to bring food or beverages from outside within precincts of theatre – Rule making power of State must be exercised consistent with fundamental right of cinema hall owner to carry on a legitimate occupation, trade, or business within meaning of Article 19(1)(g) of Constitution – Legislature’s omission of a provision requiring cinema owner to allow eatables and beverages to be brought from outside is significant – In absence of a specific mandate in 1975 Rules (or any other applicable law) in this regard, High Court was not justified in issuing a direction prohibiting theatre owners from disallowing food and beverages to be brought in by persons entering a movie theatre who enter it for viewing a film – High Court has erred in exercise of its writ jurisdiction under Article 226 of Constitution. (Paras 19, 20 and 22)

(B) Constitution of India – Articles 19(1)(g), 19(6) and 226 – Jammu and Kashmir Cinemas (Regulation) Rules 1975 – Public Interest Litigation – Prohibition on bringing eatables inside cinema halls by movie goers – Cinema hall is a private property of owner of hall – Owner of hall is entitled to stipulate terms and conditions so long as they are not contrary to public interest, safety and welfare – Like with any other business, proprietor or management is entitled to determine business model that is to be followed and to give effect to their own conceptions of economic viability of a particular business model – Prohibition on carrying food and beverages from outside into precincts of movie hall is not contrary to public interest, safety or welfare – Movie hall is not a movie hall alone but also doubles up as an eatery when food and beverages are sold within its premises – Patrons of a movie hall cannot demand to bring their own food to eat there when a condition to the contrary is enforced by cinema hall owners – This would be akin to permitting a customer who visits a restaurant to carry their own food to that restaurant and eat it within premises of that restaurant – Whether or not to watch a movie is entirely within choice of viewers – If viewers seek to enter a cinema hall, they must abide by terms and conditions subject to which entry is granted – Having reserved right of admission, it is open to theatre owners to determine whether food from outside precincts of cinema hall should be permitted to be carried inside – High Court transgressed its jurisdiction under Article 226 of Constitution by directing cinema hall owners not to prohibit movie goers from carrying eatables and beverages from outside within precincts of a cinema hall and by directing State to enforce this direction to cinema hall owners. (Paras 23, 24, 27 and 28)

(C) Jammu and Kashmir Cinemas (Regulation) Rules 1975 – Constitution of India – Articles 19(1)(g), 19(6) and 226 – Public Interest Litigation – Prohibition on bringing eatables inside cinema halls by movie goers – Absent a statutory regulation which regulates right to conduct business of operating a cinema hall, imposition of such a restraint would affect legitimate rights of a theatre owner – However, when one party has unequal bargaining power relative to other party, any terms and conditions which are unreasonable may not be enforced as against party with lower bargaining power – When an infant or young child accompanies a parent, as a matter of practice, cinema hall owners have no objection to a reasonable amount of food or beverages being carried inside cinema hall to serve nutritional requirements of infant or child – Cinema hall owners requested to consider requests from such movie goers on a case-by-case basis. (Paras 28, 29, 33 and 34)

Facts of the case:

Present batch of appeals arises from a judgment dated 18th July 2018 of a Division Bench of High Court of Jammu and Kashmir. A public interest litigation was instituted before High Court by two practicing Advocates with the grievance that cinema theatres in Jammu and Kashmir were prohibiting movie goers from bringing eatables inside cinema halls. In this context, it was averred that cinema owners paste a notice outside the hall indicating the prohibition and that security personnel search the belongings of every cinema goer with a view to enforce the prohibition. In the event that movie goers are found in possession of eatables, they are (it was alleged) prevented from entering the cinema hall.

Findings of Court:

Many private museums do not permit customers to take photographs of the objects on display. This is also true of many clothing boutiques or jewellery stores. Audience members are often banned from recording musical performances at concerts. Music festivals, much like movie theatres, do not permit attendees to carry their own food or beverages to the venue. Similar is the case with stand-up comedy shows or plays that are conducted in collaboration with eateries or bars.

Result : Appeals allowed.