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HC rejects Bihar govt’s plea for early hearing of caste survey

Says it got 2 days to present case; next hearing on July 3

patna high courtOn May 4, the court, in response to a combined writ petition, had put an interim stay on caste survey, saying the survey was a “census”, which is exclusive domain of Union Parliament. (File Photo)
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The Patna High Court on Tuesday rejected the government’s plea to hear the caste survey case early, saying the government had been given two days to present its case during previous hearing.

On May 4, the court, in response to a combined writ petition, had put an interim stay on caste survey, saying the survey was a “census”, which is exclusive domain of Union Parliament. The court had also raised questions over data security and privacy matters and absence of legislative sanction for estimated Rs 500 crore expenses for the two-phase Census, the first phase of which was completed from January 7-21. The second phase, which had begun on April 15, had to be completed by May 15. The court had set the next date of hearing on July 3.

A division bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad, hearing revision petition by the state government to hear the matter early on priority as the survey was halted midway, said the court did not see merit in the state government’s plea as the government had got full two days to present its case during previous hearing. The court said the matter would be heard next on July 3, as scheduled.

Dinu Kumar, advocate for one of the six petitioners, told The Indian Express: “The court made it clear to the state government that it would not go by the state government’s perception of its interim order being the final order. The court also rejected advocate general P K Shahi’s request to allow caste survey with assurance of keeping data secure. The court said allowing the survey would mean recalling its order.” Kumar said the court made it clear that it had heard the matter as per instructions of the Supreme Court.

The state government may not approach the Supreme Court, which has anyway directed the matter be heard by the Patna HC.

From the homepage

Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008. He covers Bihar with main focus on politics, society and governance. Investigative and explanatory stories are also his forte. Singh has 25 years of experience in print journalism covering Bihar, Delhi, Madhya Pradesh and Karnataka.   ... Read More

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