The High Court of Jammu and Kashmir and Ladakh has recorded an undertaking by the Union Territory administration that the post of Advocate General, lying vacant since October 2024, will be filled within a period of one month. The submission was made before a Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal during the hearing of a Public Interest Litigation (PIL) filed by advocate Harsh Dubey.
Government Submits Timeline for Filling Constitutional Post
Senior Additional Advocate General Monika Kohli appeared for the respondents and informed the Bench that the process for appointing the Advocate General is currently underway. She submitted that the appointment would be completed within one month. The Bench took the statement on record and adjourned the matter to December 8 for compliance.
The petitioner had contended that the continued vacancy of the constitutional office was impairing the administration of justice and hindering the discharge of statutory functions attached to the post. Specifically, the plea highlighted that the Advocate General serves as the ex-officio Chairperson of the Jammu and Kashmir Advocates Welfare Fund Trustee Committee under the Advocates' Welfare Fund Act, 2001, and the vacancy had consequently stalled the functioning of that body.
How long has the Advocate General post been vacant in J&K?
The post of Advocate General in the Union Territory of Jammu and Kashmir has remained vacant since October 18, 2024, following the resignation of the then incumbent DC Raina. The vacancy persisted for over a year before the government submitted a definite timeline for the appointment to the High Court.
Background of Vacancy and PIL
The resignation of DC Raina coincided with the formation of the new government led by Chief Minister Omar Abdullah. Since the change in administration, the Lieutenant Governor and the Council of Ministers had not filled the position. The petitioner argued that the prolonged absence of a law officer of such seniority was detrimental to the legal governance of the Union Territory, particularly in representing the state in litigation and overseeing statutory welfare mechanisms for advocates.
Event | Date / Detail |
|---|---|
Resignation of DC Raina | October 18, 2024 |
PIL Filed by Harsh Dubey | Seeking immediate appointment |
Government Assurance (Monika Kohli) | Appointment within one month |
Next Date of Hearing | December 8 |
The court's order reflects a strict monitoring approach to ensure that the constitutional mandate under Article 165 of the Constitution of India, read with the applicable provisions for the Union Territory, is complied with expeditiously. The matter remains pending for the next hearing to verify the implementation of the undertaking given by the Senior Additional Advocate General.