The Jammu and Kashmir High Court has expressed serious concern over the prolonged vacancy in the office of the Advocate General (AG) in the Union Territory. The Court emphasized that due to this absence, Section 92 of the Code of Civil Procedure, 1908, which deals with the administration of public religious and charitable trusts, has become practically ineffective.
The matter came to light during the hearing of a writ petition related to the administrative control of Shri Nav Durga Jhaleri Mata Shrine. A bench headed by Justice Rahul Bharti observed that the powers granted under Section 92 CPC can only be activated with the involvement of the Advocate General. Since the position has been vacant for a long period, the provision has entered what the Court called a “state of suspended animation.”
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“A live provision of law has been left a dead letter,” the Court strongly remarked, highlighting the crucial role of the Advocate General in enabling legal intervention for better governance of religious and charitable bodies.
The Bench raised a vital constitutional query, questioning the Union Territory administration on the duration and justification for not appointing an Advocate General. The Judge noted that this legal vacuum directly impacts the ability of principal civil courts to entertain matters under Section 92 CPC, as such action requires the AG’s sanction or participation.
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“For how long can the UT of Jammu & Kashmir and Ladakh go without an Advocate General in office?” the Court asked.
The absence of an Advocate General not only affects legal oversight but also obstructs judicial recourse that ensures the transparent functioning of religious and public trusts. The Court further indicated the possibility of summoning a response from the Government of the Union Territory to explain the delay in appointment and to provide an update regarding the filling of this critical post.
This concern underlines a broader issue regarding the accountability and functioning of religious institutions when a key constitutional office remains unfilled.
Appearance:
- G. S. Thakur, Advocate – For the Petitioner
- Monika Kohli, Sr. AAG; Aseem Kumar Sawhney, Advocate; Mohd. Kashif Malik, Advocate – For the Respondents
Case Title: Shri Nav Durga Jhaleri Mata Trust vs UT of J&K, 2025
