Bihar Caste Census: Supreme Court judge Justice Sanjay Karol recuses from hearing State's challenge to Patna High Court stay

Supreme Court judge Justice Sanjay Karol on Wednesday recused from hearing Bihar government's challenge to the Patna High Court order that had stayed the Caste Census undertaken by the State till July 3. [State of Bihar and ors vs Youth for Equality and Ors.].The matter was being heard by a bench of Justices BR Gavai and Sanjay Karol..Justice Karol said that since he had heard some earlier litigation related to the case while he was in Patna High Court, he could not hear it now. Justice Karol had earlier served as the Chief Justice of the Patna High Court before he was elevated to the Supreme Court..The bench was hearing an appeal filed by the Bihar government against a Patna High Court order staying caste census in the State.The plea stated that the High Court erroneously examined the merits of the case at the interim stage and touched upon the legislative competence of the State.Further, the High Court wrongly accepted the contention that the survey was a census, and that personal information regarding the same would be shared with MLAs, the appeal contended.The State would have to incur huge financial costs if the survey is stopped at this stage, it was submitted.Incidentally, the High Court had heard the pleas challenging the ongoing caste survey in Bihar specifically on the directions of the Supreme Court to consider and dispose of the interim application filed in the matter for stay..In January this year, an apex court bench led by Justice Gavai had refused to entertain three public interest litigation (PIL) petitions challenging the State's decision to initiate the caste census.That bench had, however, granted liberty to the petitioners to approach the Patna High Court.The petitioners then moved the High Court which initially declined to immediately decide on interim relief. The petitioners moved the Supreme Court in appeal, which had then asked the High Court to dispose of the interim relief application expeditiously.Subsequently, by its order of May 4, passed by a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad, the High Court held that the survey is actually a census, which can only be carried out by the Central government.The survey was, therefore, put on hold by the High Court till July 3.The High Court later also clarified that the stay is not on the census itself but on further data collection as well as sharing of information with political parties.This led to the present appeal before the top court..[Read order]