New Delhi: The Supreme Court on Monday allowed Centre to file its response in connection with a batch of pleas challenging the Patna High Court order giving the go-ahead to the Bihar government for caste survey.
A bench comprising justices Sanjiv Khanna and SVN Bhatti reiterated that the court will not stay the caste survey exercise unless the petitioners make out a prima facie case against it. The apex court also allowed Solicitor General Tushar Mehta, representing the Centre, to file its response on the issue within seven days. Mehta contended that the survey could have some consequences. He said, “We are not this way or that way. But this exercise may have some consequences….”. During the hearing, Mehta did not provide details on the consequences in connection with exercise.
Senior advocate Mukul Rohatgi, representing one of the petitioners, urged the court to restrain the state government from publishing the data. The top court said the collection of data is over now and the analysis of data collected during the survey is more difficult and problematic. The bench said, “Unless you (petitioners) are able to make out a prima facie case, we are not going to stay anything”.
The top court said the state government had assured during the last hearing that it is not going to publish the data. Senior advocate Shyam Divan, representing the Bihar government, contended that nothing should be recorded in the order and there should not be any restraint on his client.
After hearing submissions, the apex court scheduled the matter for further hearing on August 28, after Mehta sought time to file the Centre’s reply. The top court is hearing a batch of pleas challenging the August 1 verdict of the high court. In the previous hearing, senior advocate C S Vaidyanathan, appearing for NGO ‘Youth for Equality’, contended that the survey was an infringement of people’s right to privacy.
