UP Govt Files Affidavit In Allahabad HC Supporting Cinema Hall Owners Prohibiting Viewers To Carry Own Food Articles

The Uttar Pradesh Government has filed an affidavit before the Allahabad High Court supporting the restrictions imposed by the cinema hall owners prohibiting movie-goers from carrying their own food and beverages inside the cinema halls.

The affidavit was filed in a Public Interest Litigation (PIL) plea filed in 2018 challenging the restrictions imposed by the cinema hall owners in the state on the viewers from carrying their own food articles inside the halls.

On Wednesday, before a bench of Justice Manoj Kumar Gupta and Justice Jyotsna Sharma, the counsel appearing on behalf of respondent no. 5/Management of the Cinema Hall Owners (Advocate Ritwick Rai) submitted that the controversy in the instant case has been settled by the Supreme Court in its January 2023 judgment of KC Cinema vs. State of Jammu & Kashmir and Others 2023 LiveLaw (SC) 38

He further submitted that the Top Court in the KC Cinema case, considered the reasonableness of the restriction imposed by the Management of Movie Theaters in not permitting persons entering a movie theatre to carry their own food and beverages and has upheld the said restriction.

It may be noted that in the said judgment, the Apex Court had observed that restricting entry of food and beverages into cinema halls is not an "unfair, unreasonable or unconscionable" restriction.

"The condition of entry is imposed as a direct result of the 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 is to stimulate and boost a vital aspect of the business – the sale of food and beverages. If business owners are not permitted to determine the various facets of their business (in accordance with law), economic activity would come to a grinding halt. While movie goers may have no choice but to sign on the proverbial dotted line (and thereby 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 does not by itself render the condition of entry unfair, unreasonable or unconscionable", the Court observed.

"Whether or not to watch a movie is entirely within the choice of viewers. If viewers seek to enter a cinema hall, they must abide by the terms and conditions subject to which entry is granted. Having reserved the right of admission, it is open to theatre owners to determine whether food from outside the precincts of the cinema hall should be permitted to be carried inside", the Court added.

Filing a counter affidavit in the PIL plea before the HC, the UP Government has also supported the restriction imposed on this behalf by the Management of the Cinema Hall Owners.

However, since the petitioner herself, or her counsel, was not appearing before the court, the HC restrained itself from passing any order in the matter and posted the case for hearing on September 12.

Appearances

Counsel for Petitioner: Brijesh Kumar Singh

Counsel for Respondent: C.S.C., Alok Kumar Singh, Dhruv Kumar Singh, Madhavam Sharma, Palash Banerjee, Ritwick Rai

Case title - Mamta Singh vs. State Of U.P. Thru. Prin. Secy. Home And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 23409 of 2018]

Click Here To Read/Download Order