The Supreme Court on Thursday refused to lift the stay imposed by the Patna High Court on the caste census being undertaken by the State of Bihar.
After noting that the Patna High Court has scheduled the case for final hearing on July 3, 2023, a bench of Justice Abhay S Oka and Justice Rajesh Bindal denied relief to the Bihar government.
“The impugned order is an interim one and the court has posted the main writ for hearing on July 3. In fact, the state government on May 9 moved applications before the Court that were disposed of. Contention of Advocate General was specifically rejected that final opinions were expressed. In fact, the High Court has observed that the court was open to other contentions when taken up for hearing,” the bench remarked.
It has agreed, however, to schedule the case for July 14 if the hearing before the High Court does not begin on July 3.
The Patna High Court had stayed the State’s Caste Census on May 4 until July 3, 2023.
The order was passed in response to a petition challenging the caste survey.
The Bihar government’s Supreme Court appeal stated that the High Court erroneously examined the merits of the case at the interim stage and touched on the State’s legislative competence.
Furthermore, the High Court wrongly accepted the contention that the survey was a census, and that personal information regarding the same would be shared with MLAs, the appeal contended.
If the survey is terminated at this point, the State will incur significant financial costs.
During today’s hearing, Senior Advocate Shyam Divan, representing the Bihar government, attempted to distinguish between a census and a survey.
According to him, the current exercise is not a census but rather a voluntary survey.
“This particular survey will require 10 more days. There is a mobilisation taken place. Our survey not on a 100% basis like a census but voluntary….There is a distinction between survey and census. Census is on a particular date and for the whole population,” he remarked.
However, the bench noted that the High Court had looked into those issues.
Advocate Divan then highlighted the practical implications of the stay.
“Budgetary allowance has been made. People have been mobilised. Nobody is contesting the situation,” he noted.
He also pointed out that other states have conducted similar surveys.
The Court agreed that these factors should be considered, but stated that the prima facie findings in this regard by the High Court in an interim order need not be interfered with.
“All we are saying is, there are prima facie findings recorded. Why should we interfere?” the bench asked.
In addition, on the directions of the Supreme Court, the High Court heard the petitions challenging the caste survey in Bihar.
An apex court bench led by Justice Gavai refused to hear three public interest litigation (PIL) petitions challenging the State’s decision to conduct the caste census in January of this year.
However, that bench allowed the petitioners to appeal to the Patna High Court.
The petitioners then approached the High Court, which had initially refused to grant interim relief.
The petitioners then filed an appeal with the Supreme Court, which directed the High Court to hear the interim relief application as soon as possible.
Following that, a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad of the High Court ruled on May 4 that the survey was actually a census, which could only be conducted by the Central government.
As a result, the High Court halted the survey until July 3.
The High Court later clarified that the stay is not on the census itself, but on the collection of additional data and the sharing of information with political parties.
This resulted in the current appeal before the Supreme Court.
