The Jammu and Kashmir government has informed the High Court that the vacant post of Advocate General in the Union Territory will be filled within a month, bringing a prolonged wait for the appointment closer to an end.
The assurance was given on November 5 during the hearing of a Public Interest Litigation (PIL) in Harsh Dubey v. UT of J&K, which seeks the immediate appointment of an Advocate General.
Senior Additional Advocate General Monika Kohli told the Court that the appointment process was underway and would be completed within the stipulated one-month period.
A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Rajnesh Oswal recorded the government’s submission and deferred the matter to December 8.
Advocate General’s post vacant since October 2024
The post has remained vacant since October 18, 2024, when the then Advocate General, DC Raina, resigned following the formation of the Omar Abdullah-led National Conference government in Jammu and Kashmir.
The continued absence of a full-time Advocate General has raised concerns over the functioning of the constitutional office and the responsibilities attached to it.
The PIL, filed by advocate Harsh Dubey, seeks directions to the competent authority to take immediate steps to fill the vacancy.
According to the petition, the prolonged vacancy is affecting the administration of justice and the discharge of statutory functions associated with the office.
Impact on Advocates’ Welfare Fund Committee
The petitioner has also highlighted the impact of the vacancy on the Jammu and Kashmir Advocates Welfare Fund Trustee Committee.
Under the Advocates’ Welfare Fund Act, 2001, the Advocate General serves as the ex-officio Chairperson of the Committee. The petition contends that the absence of an Advocate General has consequently affected the functioning of the statutory body.
With the government now committing to complete the appointment process within a month, the High Court will take up the matter again on December 8.