On January 2, a Supreme Court division bench comprised of Chief Justice DY Chandrachud and Justice PS Narasimha stated that a cinema hall owner could prohibit moviegoers from bringing their own food and beverages into theatres. However, the bench clarified that all cinema halls must provide free hygienic drinking water to all moviegoers. Furthermore, it was noted that when an infant or child accompanied a parent, a reasonable amount of food for them could be carried in theatres.

Senior Advocate KV Vishwanathan, who represented the appellants, argued that because cinema halls were private properties, they could reserve admission rights. He went on to say that such prohibitions ensured security and could be seen in airports, among other places. He also stated that the Jammu and Kashmir Cinema (Regulations) Rules 1975 did not permit moviegoers to bring food into theatres. While claiming that there was no obligation for anyone to visit cinemas or buy food, he clarified that all cinema halls provided hygienic water for moviegoers and that guardians were permitted to bring in food for infants for the duration of their visit.

Justice PS Narasimha noted–
"The basic premise is that cinema has a right to reserve admission. The cinema owners have a right to sell their own food and beverages."

CJI DY Chandrachud added–
"A cinema hall is a private property. What goes in is for the owner of the property to decide subject to statutory rules. So saying that arms are not allowed or no discrimination on basis of caste or gender can be there is fine. But how can the High Court say that they can bring any food inside cinema halls. Suppose someone starts getting jalebis. Owner would not want anyone wiping their hands on the seats. It's his right. He may not want tandoori chicken to be bought in. Noone is forcing them to buy popcorn. But the owner has a right. For water we can make a concession that free water be provided at movie theatres but at the same time you can't say that suppose they sell nimbu paani for Rs 20/-, you can't say I'll go buy my nimbu from outside and squeeze it in a flask and make it inside theatre."

As a result, the court observed that the fundamental aspect that needed to be considered was that the trade and business of conducting cinema business was subject to state regulations. The 1975 Rules were the ones in question. The bench determined that there was no mandate in the Rules compelling the owner to allow moviegoers to get food in the cinema. CJI DY Chandrachud said while dictating the order:

"The property of cinema hall is the private property of the owner of the hall. The owner is entitled to set terms and conditions so long as such terms and conditions are not contrary to public interest, safety, and welfare. The owner is entitled to set terms for sale of food and beverages. Movie goer has the choice to not purchase the same. High Court transgressed the limits on the exercise of its jurisdiction. Absent are statutory rules to that effect. The imposition of such directions would affect the legitimate rights of theatre owner."

Case Title: K.C. Cinema (Corret Name K.C. Theatre) v. The State Of Jammu And Kashmir And Ors and connected matters. 
Citation: SLP(C) No. 20784/2018