Kashmir Impulse Desk
Srinagar, Nov 09
The government has told the High Court of Jammu and Kashmir and Ladakh that the post of Advocate General will be filled within a month.
Senior Additional Advocate General Monika Kohli gave the assurance on November 5 before a Division Bench comprising Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal, saying the process for appointing the government’s top law officer was underway and would be completed within the stipulated period.
The submission was made during the hearing of a Public Interest Litigation (PIL) filed by advocate Harsh Dubey, seeking directions for filling the post, which has remained vacant for nearly two years.
Taking note of the government’s assurance, the Bench listed the matter for further consideration on December 8.
The High Court had issued notice to the government on September 14, seeking its response to the PIL through the Chief Secretary and Law Secretary. The response was required to be filed by October 21.
Former Advocate General D C Raina resigned on October 18, 2024, following the formation of a National Conference-led government in Jammu and Kashmir.
In his petition, Dubey has sought directions to the competent authority to initiate and complete the appointment process within a reasonable timeframe.
The petitioner has argued that the prolonged vacancy of the constitutional office was affecting the administration of justice and the discharge of statutory responsibilities associated with the post.
The petition points out that the Advocate General has significant responsibilities relating to government litigation, administration of justice and the performance of statutory functions.
It also highlights the impact of the vacancy on the functioning of the Jammu and Kashmir Advocates’ Welfare Fund Trustee Committee, of which the Advocate General is the ex-officio chairperson under the Advocates’ Welfare Fund Act, 2001, and government notification S O 466 of 2022.
The PIL seeks directions to the authorities to undertake the appointment process under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019. It has also sought an affidavit explaining the reasons for the continued vacancy and the steps taken by the government to fill the post.
The petitioner said he had approached the Lieutenant Governor, Chief Minister and Chief Secretary through representations seeking immediate action but received no effective institutional response.
The petition has been filed under Article 226 of the Constitution, seeking judicial intervention for expeditious appointment of the Advocate General in accordance with law.
The High Court had earlier taken note of the prolonged vacancy while hearing a case concerning public charitable and religious trusts on June 4 last year. It observed that the absence of an Advocate General had rendered Section 92 of the Code of Civil Procedure, 1908, which provides for the law officer’s role in matters involving public charitable and religious trusts, “practically inoperative.”
