Bihar Caste-Based Census : Supreme Court Allows 'Youth For Equality' To Seek Early Hearing Of Plea In Patna High Court

In a plea pertaining to the Bihar Government’s decision to conduct a caste-based census in the State, the Supreme Court, on Friday, granted the petitioner liberty to file an application seeking interim relief and asked the Patna High Court to consider, decide and dispose of the interim application at the earliest, preferably within a period of 3 days of filing of the application and mentioning of the same before the Chief Justice of the High Court.

A Bench comprising Justice MR Shah and Justice JB Pardiwala clarified that the Bench had not expressed its opinion on the merits of the case and the same is to be decided by the High Court.

Senior Advocate, Mr. Mukul Rohatgi, appearing on behalf of the petitioner, Youth for Equality, apprised the Bench that a PIL challenging the State Government’s decision to carry out caste-based survey is pending before the High Court. The grievance of the petitioner, he submitted, is that the High Court refused to grant interim relief in the matter. On the last date, i.e., 18th April, 2023 when the matter was listed before the High Court, a Division Bench comprising the Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad, at the request of the parties adjourned the matter till 4th May, 2023. The High Court’s order dated 18th April, 2023 has been assailed in the present Special Leave Petition.

Mr. Rohatgi submitted that on 4th May, 2023 the Bench would be taking up the matter for final hearing. He expressed his concern that by the time the matter is finally heard, considered and decided, the exercise might come to an end and the petition would become infructuous.

Justice Pardiwala enquired, “Why was the caste-based census undertaken? To prepare electoral roll?”

Mr. Rohatgi responded, “If it is that then it is completely illegal. This is my allegation.”

Justice Shah remarked, “There is so much casteism there(in Bihar) in every field.”

The Counsel appearing on behalf of the State submitted that the Apex Court had granted liberty to the petitioners to approach the High Court in January, 2023, however, they had done so only in April, 2023. Mr. Rohatgi objected stating that liberty was granted in respect to another petition.

Justice Pardiwala asked the State Counsel, “Why are you working so hard on this exercise?”

The Counsel responded that the State is under an obligation to do so under the Directive Principles of State Police as enshrined in the Constitution and the judgment of the Apex Court in Indra Sawhney And Ors. v. Union of India. He said, “it is an imperative”.

Mr. Rohtagi commented, “It is imperative because the election is coming.”

[Case Title: Youth For Equality v. State of Bihar And Ors. SLP(C) No. 8579/2023]

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