New Delhi: The Supreme Court on Tuesday said that it is concerned about the breakdown of data in the Bihar caste survey not being made available to the public, which leads to a lot of problems and stressed, “if somebody is willing to challenge a particular inference being drawn then he should be able to have that data…”.
Senior advocate Raju Ramachandran said he would like to bring on record a translated copy of Bihar caste survey. A bench comprising justices Sanjiv Khanna and Dipankar Datta told Ramachandran, “You are saying that the census report is already out now. One is the legal issue, whether the judgment is correct or not….the second…”.
Ramachandran sought interim direction saying that there is an urgency that the report has been implemented and it has been challenged before the Patna High Court. “Your lordship may recall that matter pending here since August. Your lordships were told nothing is going to happen...in the meantime, it (survey) has been implemented and reservation increased from 50% to 70%, that is subject matter of challenge”, said Ramachandran, representing a petitioner.
Ramachandran said he would want to argue for interim relief and urged the court to hear the matter next week. “You are speaking about something I was concerned about, more than the census report, it is the breakdown of data......not normally made available to the public and that leads to a lot of problems. Once you are entitled to do a census, but then to what extent withhold the breakdown of data”, said Justice Khanna.
Senior advocate Shyam Divan, Bihar government, said the survey is available in the public domain. Justice Khanna replied, “That is the issue, if it is available fully then it is a different matter…”. Divan said people will keep working on the data. Justice Khanna said that is the problem area and nobody is asking for all of it to come on record. “But break up of data should be normally made available because people when they want to challenge a particular inference, that should be given….if somebody is willing to challenge a particular inference being drawn then he should be able to have that data….”, said Justice Khanna. Ramachandran urged the court to take up the matter next week. Justice Khanna said there is limitation on the court also.
Justice Khanna said once the high court has given a stamp of approval to the census. Solicitor General Tushar Mehta, representing the Centre, said this is not a census as per the Constitution. Justice Khanna said Mehta is right. Senior advocate Gopal Sankaranarayan, representing another petitioner, said “which is why it (caste survey) is illegal, which is why the state cannot do it”. After hearing submissions, the bench directed relisting of the matter in the week commencing on January 29.
In October last year, the Supreme Court had declined to restrain the Bihar government from going ahead with the results of the caste survey or act on it. The apex court said there can't be a status quo order for now and observed that restraining the state government from taking a policy decision would be wrong.
“But, if there's an issue with regards to data, that will be considered. We are going to examine the other issue regarding the power of the state government to conduct this exercise”, the bench said in October last year.
Noting that the matter requires to be heard at length, the apex court issued notice to the state government and adjourned the matter till January next year.
The top court was hearing a batch of pleas against the decision of the Patna High Court delivered on August 2, upholding the Bihar government's decision to undertake caste-based survey.
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