Thread by @barandbench

Supreme Court to shortly hear appeal by Bihar government against Patna HC order that had stayed the caste survey under way in the State till July 3.

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Sr Adv Shyam Divan for Bihar: I want 10 days to complete it. There is no question of sharing data.

Justice Oka: We have to see if it is a census in garb of survey like order says ... Today we are not inclined to grant stay as it requires hearing.

SC: So on 3rd if HC takes it up ... See we are trying to tell you that HC has recorded prima facie findings. So we find it difficult to stay, we are not saying we will not hear.

Divan: Just hear us.

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Counsel for Bihar: HC has made it very clear that it will not postpone matter but hear it on 3rd.

Divan: This particular survey will require 10 more days. There is a mobilisation taken place. Our survey not on a 100% basis like a census but voluntary.

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SC: You have to make up your mind as to what you want. We can hear (in detail) today.
Divan: I will address on balance of convenience.

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Divan: Please see list two and three. These are very very broad fields as far as legislative Authority is concerned. Enquiries and statistics, under this you are under complete competence for such planning for social security measures. How govt will eventually use the data is of… twitter.com/i/web/status/1…

Divan: There is a distinction between survey and census. Census is on a particular date and for the whole ... Just see my counter before the HC.

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Divan: Please see where the data goes ...

Bench rises for lunch. Hearing to continue.

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Divan: There are three Constitutional entries in my support so there was no question of having a relook. Please see the detailed assurances we have on the data ...

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Divan: We are willing to put in place additional measures.

SC: See, court has gone into it ... And said stop for now. Can we stay that in interim order?

Divan: Budgetary allowance has been made. People have been mobilised. Nobody is contesting the situation.

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SC says the HC had flagged data privacy issues.

Divan: But it cannot be that you stop the survey. Other States have also done it, it is not something new.

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Divan: Can anybody have an objection to a scheme for disbursal of benefits?

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SC: All these aspects need to be considered. Just see we are giving you instances ... Not all (HC) findings can be faulted, they need to be tested.

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Divan: Modern technology being used. It is entirely voluntary.

SC: All we are saying is, there are prima facie findings recorded. Why should we interfere?

Divan: Alright then my lords may keep it on the 10th. Suitable observation that findings are prima facie.

SC: They have… twitter.com/i/web/status/1…

Order: The Impugned order is an interim one and the court has posted the main writ for hearing on 3rd July. In fact the state government on 9th May 2023 moved applications before the Court that were disposed of. Contention of AG was specifically rejected that final opinions were… twitter.com/i/web/status/1…

Order: Ld counsel for the petitioner states that the petition may be listed one week after the 3rd of July. He submits that if the HC does not conduct the final hearing, his court may consider the matter on merits.

We accordingly direct that this petition be listed on July 14… twitter.com/i/web/status/1…