[Caste-Survey Stay] 'Survey Not Set Aside, Only Further Work & Dissemination Of Info To Political Parties Stayed': Patna HC Clarifies
The Patna High Court has clarified that in its May 4 order, it has not set aside the entire ‘Caste-based Survey’, 80% work of which has been completed and that it has only stayed the further work of the survey and has also stayed dissemination of the information collected to the political parties.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed thus on May...
The Patna High Court has clarified that in its May 4 order, it has not set aside the entire ‘Caste-based Survey’, 80% work of which has been completed and that it has only stayed the further work of the survey and has also stayed dissemination of the information collected to the political parties.
The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed thus on May 9 while rejecting Bihar Government's application praying to prepone hearing in the writ pleas challenging the caste-based survey in State. It was the contention of the State Government that no purpose would be served in keeping the matter pending.
It may be noted that hearing the said pleas on Thursday, the HC, while putting an interim stay on the caste-based survey in the state, posted the matter for hearing on July 3.
Therefore, seeking an early hearing in the matter, the Bihar Government had moved an Interim Application wherein stating therein that though the High Court's May 4 order is interim in nature, however, it has finally adjudicated the issues under consideration and hence, the matter be disposed of early.
However, on Tuesday, the Court clarified that it has not disposed of the matter finally and it is open to conviction when the matter is heard finally, for which the matter has been for hearing on 03.07.2023.
"In such circumstances, we do not find any reason to advance the hearing to an early date, especially when the matter is posted immediately after the vacation," the Court said,
Further, the Court also rejected the prayer of the Advocate General that the authorities may be permitted to continue the survey with an undertaking that the data would be protected and that the same would not be disclosed as the bench observed that if it did so, it would amount to reviewing the order passed on May 4, which is not permissible in a petition for early hearing.
With this, the Bihar Government's IA was dismissed.
It may be noted that on May 4, hearing a bunch of pleas challenging the Bihar Government’s decision to conduct a caste-based census in the State, the Patna Court, in an interim order, stayed the caste-based survey.
The Court prima facie said that caste-based survey amounts to a census which the State Government has no power to carry out.
"Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament", the Court said.
"We also see from the notification issued that the Government intends to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party which is also a matter of great concern", the Court observed while saying that right to privacy is also an issue which arises in the case.
The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad also called it a matter of 'grave concern' that the Government intends to share Census data with the leaders of different parties of the State Assembly, the ruling party and the opposition party.
"In such circumstances, we direct the State Government to immediately stop the caste-based survey and ensure that the data already collected are secured and not shared with anybody till final orders are passed in the writ petition," the Court ordered.
Appearances
For the Petitioner/s: Sr. Advocate Aprajita Singh with Advoctes Abhinav Shrivastava, Dhananjay Kumar Tiwary, Krishna Murari, Raushan, Pushkar Bharadwaj, Rudrank Shivam Singh,
For the Respondent-State: Advocate General P.K. Shai, AAG-4 Anjani Kumar, AC to AG Sanjiv Kumar
(In Civil Writ Jurisdiction Case No. 4624 of 2023)
For the Petitioner/s: Advocates Dinu Kumar, Ritika Rani, and Vardaan Mangalam
For the UOI: Advocate Kalpana
(In Civil Writ Jurisdiction Case No. 4650 of 2023)
For the Petitioner/s: Advocates Avinash Kumar Pandey, Yadunandan Bensal, Upendra Kumar,
For the Respondent/s : Additional Solicitor General
(In Civil Writ Jurisdiction Case No. 6505 of 2023)
For the Petitioner/s : Advocate Sachina
(In Civil Writ Jurisdiction Case No. 6506 of 2023)
For the Petitioner/s: Advocates M.P. Dixit, S.K.Dixit, Sanjay Kumar Chaubey, Swastika
For the UOI: ASG Dr. K. N. Singh, Sr. Advocate Uma Shankar Verma
Case title - Youth For Equality & Ors.vs. The State of Bihar & Ors. along with connected writ pleas
Click Here To Read/Download Order