DM to ensure proper uniformity in price of tickets in cinemas: DB

21/07/2018

JAMMU, Jul 20: In Public Interest Litigation seeking a direction to the Divisional Comm-issioner, Jammu, for ensuring proper implementation of Jammu & Kashmir Cinemas (Regulation) Rules, 1975 in its letter and spirit. They are further seeking a direction to respondents 3 to 6 herein prohibiting them from restraining the movie goers from taking outside eatables with them inside the Cinema Halls, required to be consumed during the time they see the feature film in the cinema halls. A Division Bench of the State High Court Comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta after hearing Adv Aditya Sharma for the PIL whereas Sr. AAG HA Siddiqui appearing for the State and Advocates Raman Sharma and YE Tak for the respondents, directed Multiplexes/Cinema Halls Owners of the State of J&K not to prohibit cinema goers/viewers henceforth from carrying his/her own food articles and water inside the theatre. DB further directed Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure henceforth complete ban of polythene bags in the Multiplexes/Cinema Halls. Further, Multiplex/Cinema Hall owners are also directed to erect sign boards at conspicuous places requesting the cinema viewers not to litter waste food articles, bottles etc. in the multiplexes/Cinema Halls. DB further directed Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure proper uniformity be maintained with respect to the sale price of tickets in all the cinemas of the State in terms of Rule 87(i) & (ii) of the Jammu & Kashmir Cinemas (Regulation) Rules, 1975.
DB further directed Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure proper compliance of Rule 88 (iv). They are also directed to ensure strict compliance of Rule 88(ix), which provides that no person between the age of 5 years to 18 years shall be admitted to any show commencing before 3.00 PM except on Sunday or any notified holiday by the Government of J&K. DB further directed Government as well as Every District Magistrate in the State is directed to see and ensure that these directions are complied with forthwith in its true letter and spirit and in case of any breach of these directions on the part of any Multiplex/Cinema Halls owners, take stern action against them and even revoke the license of such Multiplex/Cinema Hall owners. If, henceforth, any District Magistrate fails to comply with the aforesaid directions, the State Government is directed to take appropriate action against such District Magistrate under rules.
While giving directions, Division Bench observed that It is averred in the petition by the petitioners, who are practicing lawyers, that in every Cinema Theatre the cinema owners have pasted notices in the theatre premises itself, whereby they have prohibited the movie goers from taking outside the eatable items inside the cinema halls. It is averred that at the entry point in every cinema hall, every cinema goer who purchases a ticket for seeking the movie, is asked to offer search of their belongings by the security guards and, in case, there is found some eatable items with them, the same are removed, irrespective of the fact that the eatable items which is found from the search may be some nutritious diet or some eatables required to be taken as per the consultation of doctors, as they may have been prohibited from eating the junk food on health grounds. It is averred that the Cinema Hall owners have framed the rules of their own and in their own manner just to mint money which is affecting the general public at large. It is further averred that it is highly unjustified on the part of cinema hall owners that they are forcing the movie goers for purchasing only such food which is kept in the staffs erected within the cinema premises, most of which is the junk food, they the cinema hall owners are not only minting money but also playing with the health of the people by selling junk food at highly exorbitant rates, which is never checked by any authority concerned. Further, it is averred that petitioners made a representation to respondent No.1 for proper implementation of Jammu & Kashmir Cinemas (Regulation) Rules, 1975, but all in vain. It is alleged that respondents 1 & 2 are hand-in-glove with the private cinema hall owners, as such are not implementing these rules. Hence, the present petition. Today when this matter was taken up for hearing, counsel appearing for respondents 3 to 6 stated at the Bar that cinema hall owners are otherwise bound to comply with the provisions of Jammu & Kashmir Cinemas (Regulation) Rules, 1975 and no question arises to flout those provisions. Sr. AAG appearing for respondents 1 & 2 also stated at the Bar that respondents 1 & 2 will ensure strict compliance of Jammu & Kashmir Cinemas (Regulation) Rules, 1975. Since mainly the petitioners are seeking strict compliance of Cinema Regulation Rules, therefore, with the consensus of learned counsel appearing for the parties, this public interest litigation is taken up for final disposal.
DB further observed that the main grievance projected in this public interest litigation is that the cinema owners have prohibited the movie viewers from taking outside the eatable items inside the cinema halls, rather such viewers are forced to take junk food/eatables from inside the cinema hall premises at very exorbitant rates, thereby playing with the health of people, especially young generation as well as diabetic patients, and all this is being done in connivance with the officers/officials of respondents 1 & 2 herein. It is also projected that the children between 5 years to 18 years are allowed to see the shows commencing before 3 p.m., which is in violation of Rule 88(ix) of the Jammu & Kashmir Cinemas (Regulation) Rules, 1975. DB further observed that admittedly, the State Legislature has enacted the Jammu & Kashmir Cinemas (Regulation) Rules, 1975, purpose whereof is to regulate the cinema trade or business in exhibiting the cinematograph in the theatre being run on the licence duly obtained from the licensing authority and a perusal of these rules reveals that no where it has been provided that cinemagoers can be prohibited from carrying their own food articles and water bottles to multiplexes or private vendors are allowed to sell food inside such multiplexes/cinema hall premises at highly exorbitant prices. Therefore, in absence of any such provision, cinema goers cannot be forced or compelled by the multiplexes/cinema hall owners to purchase food and water from theatre premises nor they can be prohibited from carrying food items into malls and multiplexes from outside. Even the viewers, who come along with their infants/babies, also need milk to feed them because they cannot be kept empty stomach for about three long hours.
DB further observed that as regards security related issues, the multiplexes/cinema hall owners have installed metal detectors and even the security guards/staff employed there though can frisk the people to a limited extent, but they cannot take away all the food items, especially when there is no legal or statutory provision prohibiting people from carrying personal food articles into film theatres, that too when vendors are allowed to serve inside at exorbitant prices. JNF

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