Centre wants to give views; SC still refuses to stay caste survey

The central government Monday said it would like to submit its views in an ongoing hearing in the Supreme Court on the caste-based survey in Bihar, saying the case has "ramifications". The plea in the Supreme Court is challenging the Patna High Court order that permitted the Bihar government to complete the survey.

Clarifying that he is neither on the petitioners' nor on the respondents' side, Solicitor General Tushar Mehta said he needs to place the Centre's submissions on record. A Bench headed by Justice Sanjiv Khanna permitted Mehta to place the submissions and adjourned the case to August 28. The Bench, however, turned down a request of the petitioners seeking a stay on the publication of the survey data.

Speaking for the Bench, Justice Khanna verbally remarked that there are two aspects to the survey. First is the collection of data and second is the analysis of the data, which is "more problematic". He added that the first part of the survey (collection) is already virtually complete.


Refusing to stay the HC order, as vehemently demanded by the petitioners, the Bench remarked that it is not an "innocuous" case and that "there are consequences". The Bench added that there is a judgment (by the Patna High Court) in favour of the Bihar government which needs to be dealt with by the top Court.

Last week, the top court had refused to issue an interim stay on the publication of the survey data, questioning the petitioners' argument that it is against the right to privacy.

A bench had made it clear that it will not issue any interim stay nless a prima facie case is made out.

The court was informed the survey was completed on August 6. The bench had said the thought process that went into carrying out the survey must be recorded on the file. Justice Khanna had questioned the petitioners as to how "the right to privacy is affected if data of one's caste is not revealed (to the public)". He had also verbally remarked one's caste is known to one's neighbours in Bihar.

But the bench had last week highlighted that while the survey is gathering individual data as well, only the cumulative data will be published. Individual data will not be revealed to the public, it said. Justice Khanna had also remarked that the survey is "not a quasi-judicial order... (but) something of an administrative decision".