Regulators

SC stays J&K HC order to not prohibit outside food in theatre

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MUMBAI: The Supreme Court has stayed a direction issued by the Jammu and Kashmir High Court to the multiplexes/cinema hall owners of the state not to prohibit cinema goers/viewers from carrying their own food articles and water inside the theatre, as per a report by the Indian Express.

The High Court of Jammu and Kashmir passed the order on 18 July 2018 after which the Multiplex Association of India (MAI) filed a special leave petition before the Supreme Court of India against the same.

The matter was listed for hearing on 10 August 2018, before a bench comprising of justice R F Nariman and justice Indu Malhotra with senior counsel Mukul Rohatgi representing the MAI.

MAI president Deepak Asher said “We are satisfied by the interim direction of the Supreme Court of India, staying the above order of the High Court of Jammu and Kashmir. We have always maintained that allowing patrons to bring in their own food and beverages inside cinema theatres, besides infringing upon the fundamental rights of multiplex and cinema operators to carry on business, and being violative of the contractual agreement between the patron and the cinema operator, has serious implications for safety and security, as well as health and hygiene. The stay granted by the Supreme Court reinforces the established business practice followed by cinemas across the world and also similar practices followed by other establishments and businesses like amusement parks, entertainment centres, sports stadia, restaurants, hotels, etc.”

In addition, two other special leave petitions were filed before the Supreme Court of India by G S Malls Private Ltd and KC Theatre against the same order passed by the High Court, which were also heard along with the petition filed on behalf of MAI. Senior counsel Abhishek Singhvi represented G S Malls. A similar order has been passed in these two petitions as well.

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