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Stay On Caste-Based Survey In Bihar| Patna High Court Rejects State Govt's Plea To Prepone Hearing In The Matter
Sparsh Upadhyay
9 May 2023 5:55 AM GMT
The Patna High Court today REJECTED Bihar Government's application praying to prepone hearing in the writ pleas challenging the caste-based survey in State. It may be noted that hearing the said pleas on May 4, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on July 3. Now, seeking an early hearing in the matter, the Bihar Government last week...
The Patna High Court today REJECTED Bihar Government's application praying to prepone hearing in the writ pleas challenging the caste-based survey in State.
It may be noted that hearing the said pleas on May 4, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on July 3.
Now, seeking an early hearing in the matter, the Bihar Government last week moved an Interim Application before the HC stating that though High Court's May 4 order is interim in nature, however, it has finally adjudicated the issues under consideration. Hence, the matter be disposed of as no purpose would be served in keeping the case pending.
"That though the order dated May 4 is seemingly an interim order however it has finally adjudicated the issues under consideration. Hence, the writ petitions have in effect and substance been finally decided. Practically, no issue remains to be adjudicated. Hence it would be in the ends of justice that writ petitions are disposed of as no meaningful purpose would be finally in served in keeping the writ petitions pending," the IA filed by the Bihar Government reads.
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.
Advocates Dinu Kumar and Ritika Rani appear for one of the petitioners in the matter.
