Examiner Bureau | Srinagar:
The High Court of Jammu and Kashmir and Ladakh on Monday issued notice to the Jammu and Kashmir government on a Public Interest Litigation (PIL) seeking the immediate appointment of a regular Advocate General for the Union Territory.
A division bench comprising Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal directed the Union Territory of Jammu and Kashmir, through its Chief Secretary and Law Secretary, to respond by October 21, the next date of hearing.
The PIL has been filed by advocate Harsh Dubey, through his counsel Kannu Karan Prasher, seeking directions to the competent authority to take immediate steps to fill the constitutional post, which has remained vacant for a considerable period.
During the virtual hearing, the Court observed that the post of Advocate General should, ideally, be filled by the next date of hearing.
The petitioner, who practises before the High Court, has stated that he has no personal interest in the matter and has approached the Court in public interest, contending that the prolonged vacancy has affected the administration of justice and the discharge of statutory functions associated with the office.
The petition refers to an earlier order passed by the High Court on June 4, 2025, in Shri Nav Durga Jhaleri Mata Trust v. UT of J&K & Ors (WP(C) No. 1433/2025).
In that matter, the Court had taken note of the prolonged vacancy and observed that the absence of an Advocate General was rendering Section 92 of the Code of Civil Procedure, 1908, which contemplates a role for the Advocate General in proceedings concerning public charitable and religious trusts, “practically inoperative.”
The petitioner has relied on the observation to underline the legal and administrative consequences of leaving the constitutional office vacant for an extended period.
The PIL also highlights the alleged impact of the vacancy on the functioning of the Jammu and Kashmir Advocates’ Welfare Fund Trustee Committee.
Under the Advocates’ Welfare Fund Act, 2001, and the notification constituting the committee under S.O. 466 of 2022, the Advocate General serves as its ex-officio Chairperson.
The petitioner has therefore sought directions to ensure the smooth functioning of the committee pending appointment to the constitutional post.
The petition seeks directions to the respondents to initiate and complete, within a reasonable timeframe prescribed by the Court, the process contemplated under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, for appointment of an Advocate General.
It also seeks an affidavit from the respondents explaining the reasons for the continued vacancy and detailing the steps taken so far towards filling the post.
The petitioner has clarified that the PIL does not seek the appointment of any particular individual. Instead, it is confined to seeking expeditious action in accordance with law to fill the constitutional office.
The matter will come up for further hearing on October 21, when the government is expected to place its response before the Court.
