Jammu: The Jammu and Kashmir High Court has voiced serious concern over the prolonged absence of an Advocate General in the Union Territory, noting that this vacancy has effectively rendered Section 92 of the Code of Civil Procedure, 1908 inoperative, particularly in matters involving charitable and religious institutions.
The court raised the concern while hearing a writ petition concerning the administrative control of the Shri Nav Durga Jhaleri Mata Shrine
A bench of Justice Rahul Bharti observed that Section 92 CPC, which empowers the Advocate General to initiate legal action for better administration of public trusts and religious institutions, has fallen into “suspended animation” due to the long-standing vacancy in the Advocate General’s office.
The court said that “a live provision of law has been left a dead letter”, emphasizing that the absence of a duly appointed Advocate General prevents appropriate legal oversight and intervention in institutions meant for public religious and charitable purposes.
The Bench posed an important constitutional question to the Union Territory administration as to “for how long can the UT of Jammu & Kashmir and Ladakh go without an Advocate General in office?”
The court noted that no principal civil court in the region can be moved under Section 92 CPC without the sanction or participation of the Advocate General, the Court said this legal vacuum undermines judicial recourse for ensuring transparent management of religious and charitable bodies.
The Court signaled the possibility of seeking an official response from the Government of the UT of J&K to explain the delay in the appointment and to apprise the Court of the current status regarding the filling of the Advocate General’s post.
