Incidentally, the High Court had heard the pleas challenging the ongoing caste survey in Bihar specifically on the directions of the Supreme Court to consider and dispose of the interim application filed in the matter for stay.
In January this year, a Supreme Court bench of Justices BR Gavai and Vikram Nath had refused to entertain three public interest litigation (PIL) petitions challenging the State’s decision to initiate the caste census.
That bench had, however, granted liberty to the petitioners to approach the Patna High Court.
The petitioners then moved the High Court which initially declined to immediately decide on interim relief. The petitioners moved the Supreme Court in appeal which then asked the High Court to dispose of the interim relief application expeditiously.
Subsequently, by its order of May 4, passed by a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad, held that the survey is actually a census, which can only be carried out by the Central government.
The surveys were, therefore, put on hold by the High Court till July 3.
The High Court later also clarified that the stay is not on the census itself but on further data collection as well as sharing of information with political parties.
This led to the present appeal before the top court.
Source: Barandbench
