"Justice Sanjay Karol Recuses from Hearing Bihar Govt's Challenge Against Caste Survey Stay Order; Urgent Listing Sought for Tomorrow"
In a significant development, Supreme Court Judge Justice Sanjay Karol has opted to recuse himself from the ongoing hearing of the petition filed by the State of Bihar. The petition challenges the interim order issued by the Patna High Court, which stayed the Bihar Government's decision to conduct a caste-based survey in the state. Justice Karol, formerly the Chief Justice of the Patna High Court, cited his prior involvement in the matter as the reason for his recusal. The case was listed before a Bench comprising Justice BR Gavai and Justice Sanjay Karol. Senior Advocate Shyam Divan, representing the State of Bihar, sought urgent listing for tomorrow, a request that was granted by the Bench. The High Court's decision to stay the caste survey was primarily based on the view that such a survey would constitute a census, a power reserved for the Union Parliament. Additionally, concerns were raised regarding the right to privacy and the proposed sharing of data with political leaders. The High Court is scheduled to hear the matter on July 3, 2023. This development comes after the Supreme Court instructed the Patna High Court to expeditiously decide on the interim application filed by 'Youth for Equality.' The petitioner seeks to quash the State Government's notification, arguing that census-related matters fall under the jurisdiction of the Union Government. The Bihar Government had launched the caste survey on January 7, 2023, with the aim of digitally compiling data on each family at various administrative levels.
TAGS: Supreme Court Justice Sanjay Karol recuses Bihar Govt challenge caste survey Patna High Court stay order urgent listing petition Chief Justice Shyam Divan State of Bihar census Union Parliament right to privacy data sharing leaders High Court's decision Youth for Equality July 3 2023 notification List 1 Seventh Schedule Constitution of India central government rules Census Act 1948.
