Stay On Caste-Based Survey In Bihar| 'No Need To Keep Matters Pending': State Govt Seeks Early Hearing Before Patna High Court

The Bihar Government has moved the Patna High Court seeking an early hearing in the writ pleas challenging the caste-based survey in State. The State Government has said 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, posted the matter for hearing on July 3.Seeking an early hearing in the matter, the Bihar Government has moved an Interim Application wherein it has been stated that though 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. "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.Importantly, the matter was mentioned before the Chief Justice on Friday by the Advocate General requesting that the hearing in the matter be preponed and the petitions be finally decided.#JustIN | Bihar Govt moves #PatnaHighCourt seeking an early hearing in the writ pleas challenging caste based survey in State.The HC on May 4 put an interim stay on state Govt's decision to conduct a caste-based census in the State and posted the matter for hearing on July 3. pic.twitter.com/Wf13deav63— Live Law (@LiveLawIndia) May 7, 2023The Advocate General contended that in its May 4 order, the HC has in effect and substance finally decided the writ petitions by holding that the State lacks legislative competence to hold caste Survey and thus the executive lacks the competence to conduct caste survey. He also submitted that the HC has also held the impugned notification infringes the right to privacy of the citizens of the state.Accepting the oral prayer of the Advocate General, the Chief Justice posted the hearing on Bihar Government's IA to May 9.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.

Stay On Caste-Based Survey In Bihar| 'No Need To Keep Matters Pending': State Govt Seeks Early Hearing Before Patna High Court

Sparsh Upadhyay

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