Will not stay Bihar caste survey: Supreme Court

New Delhi: The Supreme Court Monday told the petitioners challenging the Patna High Court order giving the go-ahead to the Bihar government for a caste survey that it will not stay the exercise unless they made out a prima facie case against it. The top court also allowed Solicitor General Tushar Mehta, representing the Centre, to file its response on the issue within seven days after he said the survey could have some consequences.

“We are not this way or that way. But this exercise may have some consequences and hence we would like to file our reply,” Mehta said but did not elaborate on the consequences the contentious exercise could possibly have. A bench of Justices Sanjiv Khanna and SVN Bhatti, which is hearing a batch of pleas filed by various NGOs and individuals challenging the August 1 verdict of the high court, adjourned the proceedings at Mehta’s request.

Senior advocate Mukul Rohatgi, appearing for one of the petitioners, sought the court’s direction restraining the state government from publishing the data. “You see, there are two things. One is collection of data, the exercise which is over, and the second is analysis of data, which has been collected during the survey. The second part is more difficult and problematic. Unless you (petitioners) are able to make out a prima facie case, we are not going to stay anything,” the bench said.