Kashmir Impulse Desk
Srinagar, Sep 14
The High Court of Jammu and Kashmir and Ladakh on Monday sought the government’s response to a public interest litigation challenging the prolonged vacancy of the union territory’s Advocate General.
A division bench headed by Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal directed the Chief Secretary and Law Secretary to file their response by Oct. 21, the next date of hearing.
During a virtual hearing, the court observed that the post should ideally be filled by the next hearing.
The office has remained vacant since Advocate General D.C. Raina resigned on Oct. 18, 2024, following the formation of the National Conference-led government.
The petition, filed by Advocate Harsh Dubey through counsel Kannu Karan Prasher, seeks directions to the authorities to initiate and complete the appointment process within a reasonable timeframe.
Dubey said the continued vacancy was affecting the discharge of statutory and legal functions attached to the constitutional office, including matters relating to government litigation.
The petition referred to an earlier High Court order in June 2025, which noted that the prolonged vacancy had rendered the role assigned to the Advocate General under Section 92 of the Code of Civil Procedure, 1908, in certain public trust matters “practically inoperative”.
It also said the vacancy had affected the functioning of the Jammu and Kashmir Advocates’ Welfare Fund Trustee Committee, for which the Advocate General is the ex-officio chairperson.
The petitioner has sought directions for the appointment process under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, and an affidavit from the government explaining the reasons for the delay and steps taken so far.
He said representations had also been submitted to the Lieutenant Governor, Chief Minister, and Chief Secretary seeking appointment of a regular Advocate General.
