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Supreme Court further observed today that the more crucial part of the survey, which is the analysis of data, had just started and a status quo order could not be granted without a prima facie case being made out.
The Supreme Court today again refused to order status quo on Bihar's caste based census. While doing so, Justice Sanjiv Khanna said, "No no, please, we are not going to do anything, there is a judgment that we will have to stay".
Justice Khanna further observed that a status quo would be ordered only if a prima facie case is made out.
"We allowed you to argue on Friday..you could not make out a prima facie case..", he added.
The bench also comprising Justice SVN Bhatti has allowed union of India to file an affidavit.
SG Tushar Mehta, appearing for the Union told the bench that certain submissions were to be made, not particularly taking a side.
"List on August 28, 2023. Union of India is allowed to file an affidavit within one week's time", ordered the bench accordingly.
On Friday, Supreme Court had said that Bihar government's decision to hold a caste-based survey in the state was not a not quasi judicial order, but an administrative decision, and as such the thought process and reasons behind the same were not to be given to the public.
Justice Sanjiv Khanna had observed thus when a submission was made by Senior Advocate CS Vaidyanathan appearing for 'Youth for Equality' that the state government had a brought out a notification which was then published in the gazette.
Last week, the Supreme Court had refused to grant status quo on the Patna High Court's order.
'Ek Soch Ek Prayas', an NGO, had approached the top court against the High Court's recent decision to uphold the Bihar government's caste-based survey.
A bench of Justices Sanjiv Khanna and SVN Bhatti had on August 7, 2023 adjourned the matter on a request made on behalf of Senior Advocate CS Vaidyanathan, but refused to grant status quo.
Justice Khanna had expressed his surprise on the request and said, "What is this? No question of status quo... We haven't even issued notice...".
In April this year, a division bench of the Supreme Court had refused to entertain a plea challenging the caste-based survey. However, a bench of Justices MR Shah and JB Pardiwala had allowed the petitioners to move an application for early hearing on interim relief before the High Court.
The plea challenged the caste-based survey on the ground that it was not a survey for a sample population, but a census, involving house-to-house enumeration of all people, which only the Centre could undertake.
Later, the Patna High Court had stayed the controversial survey by issuing an order stating, ".. 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...," .
The High Court also criticised the government's lackadaisical attitude in ensuring data security. It observed that the declaration made by the head of the family is not absolute and even if a video conferencing service is available, there is no way to authenticate the person available on the other side.
Case Title: Ek Soch Ek Paryas vs. Union of India
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