Srinagar, Jun 10: The High Court of Jammu and Kashmir and Ladakh has expressed serious concern over the prolonged vacancy in the post of Advocate General for the Union Territories of J&K and Ladakh, observing that the absence of this statutory position has rendered a key legal provision ineffective.
Justice Rahul Bharti, while hearing a petition filed by the Nav Durga Jhaleri Mata Trust, questioned how long the UTs could function without an Advocate General. The post has remained unfilled since October 2024 after former Advocate General DC Raina stepped down following the formation of the National Conference-led government. Reports suggest the delay stems from a standoff between the Lieutenant Governor’s office and the new administration headed by Chief Minister Omar Abdullah.
The court emphasized that in the absence of an Advocate General, Section 92 of the Code of Civil Procedure, which enables civil suits for the better management of religious and charitable trusts, has become defunct. “The office of Advocate General is in vacancy… leaving a live provision a dead letter of law,” Justice Bharti observed.
The remarks came during proceedings in a case where the temple trust challenged the administration’s decision to hand over management of the Nav Durga Jhaleri Mata Shrine in Reasi to the Shiv Khori Shrine Board. The government’s move was made pending the enactment of a law to govern religious institutions in the Union Territory.
The Court stayed the transfer of control and appointed the CEO of Shri Mata Vaishno Devi Shrine Board as interim administrator of the shrine. It directed that all offerings and donations be collected and accounted for by the CEO, with no expenditures allowed without the Court’s approval.
Justice Bharti held that the case raised significant constitutional concerns over executive overreach in the absence of enabling legislation, and called on the J&K government to update the court on the status of Advocate General’s appointment. The matter has been listed for the next hearing on July 16.
Advocate GS Thakur represented the petitioner trust, while Senior Additional Advocate General Monika Kohli, and Advocates Aseem Kumar Sawhney and Mohd Kashif Malik appeared for the government. [KNT]
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