When will Jammu & Kashmir and Ladakh get an Advocate General? High Court asks

The High Court of Jammu and Kashmir and Ladakh recently raised serious concern over the delay in appointing a new Advocate General for the Union Territories of Jammu and Kashmir, and Ladakh [Shri Nav Durga Jhaleri Mata Trust V/s UT of J&K and others]..The Court noted that Section 92 of the Code of Civil Procedure (CPC), which empowers the Advocate General (AG) to file civil suits for the better management of religious and charitable trusts, has become a “dead letter" in the absence of an AG. Justice Rahul Bharti took note of the issue while hearing a plea filed by the Shri Nav Durga Jhaleri Mata Trust.The Trust has challenged a decision to hand over the administration of the Nav Durga Jhaleri Mata Shrine to the Shiv Khori Shrine Board, until a law is enacted to deal with religious places in Jammu and Kashmir. By an order passed on June 4, the Court stayed the takeover. .While doing so, the Court also noted that the Advocate General plays a crucial role in initiating civil court proceedings for better management of public religious and charitable institutions..How long the UT of Jammu & Kashmir and Ladakh can go without an Advocate General in office?Jammu and Kashmir High Court.Without this statutory office being filled, the legal mechanism intended to ensure accountability in religious trusts remains suspended, the Court pointed. In Jammu and Kashmir, the post of Advocate General has been lying vacant since October 2024. Former Advocate General DC Raina had quit the post upon the formation of the National Conference-led coalition government in Jammu and Kashmir.According to media reports, the position has remained vacant due to an impasse between the Lieutenant Governor’s office and the new government, led by Chief Minister Omar Abdullah.Commenting on how this state of affairs was affecting the management of temple trusts as well, the Court said, "An important question of law is also incidentally getting confronted in this writ petition ... is that for how long the UT of Jammu & Kashmir and Ladakh can go without an Advocate General in office in whose absence section 92 of the Code of Civil Procedure, 1908 is suffering suspended animation ... Office of Advocate General is in vacancy in UT of Jammu & Kashmir and Ladakh since long leaving a live provision a dead letter of law."Justice Bharti has, therefore, asked the Jammu and Kashmir government to inform it about the current status in the appointment of the Union Territory's next Advocate General “There is a scope for this Court to come intervening by calling upon the Government of UT of J&K to apprise this Court about the state of affairs related to the appointment of an Advocate General for UT of J&K," it said. The case will be heard next on July 16. .The case before the Court concerned the management of the Shri Nav Durga Jhaleri Mata Shrine, located in Reasi. The trust that was managing the temple has accused the Jammu and Kashmir administration of carrying out a hostile takeover of the temple's management. It argued that a decision taken earlier this year to entrust the temple's management to the Shiv Khori Shrine Board amounted to an unjustified interference in Hindu religious affairs..Justice Bharti observed that the case raised important constitutional questions regarding an executive’s authority power to take over a religious institution without an enabling legislation. The Court proceeded to stay the government's move and appointed the Chief Executive Officer of the Shri Mata Vaishno Devi Shrine Board as the interim administrator/ receiver of the shrine. All offerings and donations must now be received and accounted for solely by the CEO. Any spending of such funds would be subject to the Court's approval, Justice Bharti added. .Advocate GS Thakur appeared for the petitioner-trust. Senior Additional Advocate General (AAG), Monika Kohli, Advocate Aseem Kumar Sawhney and Advocate Mohd Kashif Malik appeared for the respondent-authorities..[Read Order]