SC refuses to hear plea on caste-based census in Bihar
SC advises petitioner to approach Patna High Court
New Delhi: Supreme Court on Friday refused to entertain a PIL (Public Interest Litigation) challenging caste-census in Bihar and asked the petitioner to approach the Patna High Court first.
“The plea is dismissed as withdrawn. Liberty to seek appropriate remedies in law” the two-judge bench of the Supreme Court headed by Justice B R Gavai and also comprising Justice Vikram Nath said in their order.
“This is a publicity interest litigation. If this is granted then how will they determine how reservation will be granted Do you want to withdraw.,” Justice Gavai observed, and asked the petitioner and refused to entertain the petition.
“You (The petitioner) please go and file it before the High Court,” the Top Court said, in its order Friday.
The Supreme court passed the order, after hearing a petition challenging the caste-based census being conducted by the Bihar government.
The plea complains the census can be conducted only by the central government, besides flagging other issues. The plea claimed that the move fell under the domain of the Centre and against the Basic Structure of the Constitution.
The petition filed before the Supreme Court said that the Bihar government’s decision to conduct a caste survey in the state, was violative and claimed that it was against the very basic structure of the Indian Constitution.
The petition alleged that the notification was “discriminatory and unconstitutional”. The public interest litigation, filed by advocate Barun Kumar Sinha, sought quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to refrain the authorities concerned from conducting the exercise.
“The notification of June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding that it was “illegal, arbitrary, unconstitutional and irrational,” the plea claimed. (UNI)