Govt gets 5 weeks to respond to PIL seeking appointment of Advocate General

Jammu Tawi, Sep 14: With the post of advocate general of Jammu and Kashmir lying vacant for nearly two years, the High Court of Jammu and Kashmir and Ladakh on Monday gave the government five weeks to respond to a plea seeking the immediate appointment to the key constitutional post.

Jammu and Kashmir Advocate General D C Raina submitted his resignation in October 2024, two days after a National Conference-led government assumed office in the Union Territory.

The post remained vacant bringing to the fore a rift between the Lok Bhavan and the elected government in the absence of business rules.

Hearing the public interest litigation (PIL) virtually, the Division Bench comprising Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal issued the notice to the government through the chief secretary and law secretary, directing them to respond by the next date of hearing on October 21, advocate Harsh Dubey told PTI.

Dubey, who had filed the PIL through his counsel Kannu Karan Prasher earlier this month, said the court, after hearing both sides, observed that the post of advocate general is a constitutional office of considerable importance and the continued vacancy of such a post is not desirable.

The court also observed that the advocate general is the highest law officer and legal head of the State and, accordingly, directed the respondents to consider the matter and take an appropriate decision in accordance with law within five weeks.

In his petition, Dubey has sought directions to the competent authorities to take immediate and effective steps for filling up the post of advocate general.

The petitioner has also sought a mandamus directing the respondents to forthwith initiate and complete the process prescribed under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019 for appointment of the advocate general and take a decision within a reasonable time as may be fixed by the court.

The PIL has contended that the prolonged vacancy of the advocate general’s office has implications beyond routine government litigation, as the office is a constitutional functionary entrusted with important responsibilities relating to the administration of justice and legal affairs of the government.

The petition also refers to an earlier order of the high court dated April 4, 2025, in which it had noted an important question of “for how long” Jammu and Kashmir could continue without an advocate general in office, particularly in the context of proceedings under Section 92 of the Code of Civil Procedure.

According to the petition, the continued vacancy could affect proceedings involving charitable and religious institutions, where the statutory framework under Section 92 CPC contemplates the role of the advocate general.

The petitioner has therefore urged the court to intervene and direct the administration to take expeditious steps for appointment.

It has also highlighted the statutory role assigned to the advocate general under Section 79 of the J&K Reorganization Act, including advising the government on legal matters and performing duties of a legal character as assigned by the Lieutenant Governor.

The petitioner has sought an affidavit from the respondents explaining the reasons for the continued vacancy and the steps, if any, taken for making the appointment under Section 79 of the Act.