Srinagar, Sep 14: The High Court of Jammu and Kashmir and Ladakh on Monday issued a notice to the government on a Public Interest Litigation (PIL) seeking the immediate appointment of a regular Advocate General for the Union Territory.
A bench comprising Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal issued the notice to the Union Territory of Jammu and Kashmir through its Chief Secretary and law secretary by October 21, the next date of hearing.
The PIL, filed by advocate Harsh Dubey through counsel Kannu Karan Prasher, in Jammu, seeks a direction to the competent authority to take immediate steps for filling the constitutional post of Advocate General, 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, a practicing advocate before the High Court, stated in the plea that he has no personal interest in the matter and is approaching the Court in public interest, given that the continued vacancy of the constitutional office has affected the administration of justice and the discharge of statutory functions attached to the post.
The petition draws attention to an earlier order dated June 4, 2025, passed by the High Court in Shri Nav Durga Jhaleri Mata Trust v. UT of J&K & Ors (WP(C) No. 1433/2025), in which the Court had already taken note of the prolonged vacancy and observed that it was rendering Section 92 of the Code of Civil Procedure, 1908 — which contemplates a role for the Advocate General in matters relating to public charitable and religious trusts — “practically inoperative.”
The petitioner also highlighted that the vacancy has affected the functioning of the Jammu & Kashmir Advocates’ Welfare Fund Trustee Committee, since the Advocate General serves as its ex-officio Chairperson under the Advocates’ Welfare Fund Act, 2001 and the notification constituting the Committee (S.O. 466 of 2022).
The petition seeks directions to the respondents to initiate and complete, within a reasonable time frame fixed by the Court, the process contemplated under Section 79 of the Jammu & Kashmir Reorganisation Act, 2019, for appointment of an Advocate General. It also seeks directions for the smooth functioning of the Advocates’ Welfare Fund Trustee Committee, and for the respondents to place on record an affidavit disclosing the reasons for the continued vacancy and the steps taken so far.
The petitioner has clarified that the plea does not seek the appointment of any particular individual to the post, and is confined to seeking expeditious action in accordance with law.
