The Patna High Court on May 9 rejected the petitions filed by the State government challenging the caste enumeration and economic survey in the State for hearing by the court before July 3, 2023. The division bench of Chief Justice K.V. Chandran kept the date of hearing on these matters as given earlier as July 3 only.
On May 4, the High Court had issued an interim stay order on the ongoing caste-based survey. Following the stay order, the State Government filed a petition seeking early hearing of the case.
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While passing an interim order, a division bench of Chief Justice K.V. Chandran had directed the tSate government not to share and use the data collected during this period.
The Bihar Government was in the middle of conducting the second phase of its much-touted caste-based survey (CBS), which had begun on April 15 and was to be completed by May 15. The court on May 4, had directed that the data collected so far be secured without it being made public.
In the petition filed by the State government, it has been said that since the Patna High Court has made it clear that the State government does not have the statutory authority to conduct caste survey, there is no reason to hear these petitions on July 3.
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The executive does not have the jurisdiction to conduct a caste survey. This has been clarified by the court in its interim order. The court had also said that the privacy of the public is violated by the caste survey.
The State government had said in its petition that the court has given its final decision on the issues raised in these PILs. For this reason, these petitions should be heard and executed before July 3. But the court cancelled this petition of the State government and the date of hearing has been fixed for July 3 only.
The first phase of the survey, which involved houselisting exercise, was carried out from January 7 to January 21.
Advocates Dinu Kumar, Ritika Rani, Abhinav Srivastava on behalf of the petitioners and Advocate General P.K. Shahi on behalf of the State Government presented the parties before the Court.
Soon after the court order, the Opposition Bharatiya Janata Party (BJP) had hit out at the Nitish Kumar Government saying that it was a big failure as the government could not convince the court. BJP had also demanded the resignation of Nitish Kumar.
While speaking to The Hindu, Advocate Dinu Kumar said, “The Bihar government also pleads before the court to allow the caste-based survey in the State and the State Government will not share data and information with anyone . However, the court rejected this plea as well saying that if the court will allow it then it means the court will review its earlier order which will not happen.”
Soon after the court order, the Opposition Bharatiya Janata Party (BJP) had hit out at the Nitish Kumar government saying it was a big failure as the government could not convince the court. The BJP had also demanded the resignation of Nitish Kumar.
After the court rejected the State Government plea, now the Nitish Kumar government can approach the Supreme Court against the order with fresh application.
