The Allahabad High Court would deliver the verdict on September 12 on a counter affidavit filed by the government of Uttar Pradesh has filed an affidavit supporting the restrictions imposed by cinema hall owners against movie-goers carrying their own food and beverages inside the theatres.
The state government submitted the counter affidavit supporting the restriction imposed on movie-goers by the Management of Cinema Hall Owners in response to a Public Interest Litigation (PIL) filed in 2018, which challenged the restrictions imposed by cinema hall owners in the state on viewers from carrying their own food articles inside the halls.
Advocate Ritwick Rai, appearing for respondent no. 5/Management of the Cinema Hall Owners, submitted before the Bench of Justice Manoj Kumar Gupta and Justice Jyotsna Sharma on Wednesday that the controversy in the instant case has been settled by the Supreme Court in its January 2023 judgement of KC Cinema vs State of Jammu & Kashmir and Others 2023 LiveLaw (SC) 38
As per the Counsel, in the KC Cinema case, the top court of the country had considered the reasonableness and upheld the restriction imposed by the Management of Movie Theaters in not permitting persons entering a movie theatre to carry their own food and beverages.
He contended that the Apex Court had observed in the said verdict that the condition of entry was imposed as a direct result of exercise of the right of cinema owners to carry on a business or trade under Article 19(1)(g) of the Constitution.
The commercial logic of prohibiting movie goers from carrying their own food to the cinema hall was to stimulate and boost a vital aspect of the business – the sale of food and beverages, it pointed out, adding that if business owners were not permitted to determine the various facets of their business (in accordance with law), economic activity would come to a grinding halt.
The Supreme Court further observed that while the movie goers may not have a choice other than to sign on the proverbial dotted line (not carry any food of their own into the theatre) in order to enter the cinema hall and watch a movie of their choice, this by itself did not render the condition of entry as unfair, unreasonable or unconscionable.
The choice on whether to watch a movie or not entirely depended on the viewers. If the movie watchers wanted to enter a cinema hall, they were bound to abide by the terms and conditions subject to which entry was granted.
Having said that, the Apex Court noted that it was up to the theatre owners to determine whether food from outside the precincts of a cinema hall should be permitted to be carried inside.
The High Court, while taking in view the fact that the petitioner herself or her counsel were not appearing before the court, restrained itself from passing any order in the matter and posted the case for hearing on September 12.
Advocate Brijesh Kumar Singh appeared for the petitioner, while the respondent was represented by Advocate Alok Kumar Singh, Dhruv Kumar Singh, Madhavam Sharma, Palash Banerjee and Ritwick Rai
(Case title: Mamta Singh vs State of UP Thru Prin Secy Home And Others)