Jammu: The Jammu and Kashmir Government has assured the High Court of Jammu and Kashmir and Ladakh that a regular Advocate General will be appointed within one month, bringing the prolonged vacancy in the constitutional post under judicial consideration.
The assurance was given during the hearing of a Public Interest Litigation (PIL) filed by advocate Harsh Dubey, who has sought directions for filling the post without further delay.
A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Rajnesh Oswal was informed by Senior Additional Advocate General Monika Kohli, appearing for the Union Territory administration, that the appointment process was underway and the Advocate General would be appointed within a month.
Taking note of the government’s statement, the Bench listed the matter for further hearing on December 8, 2026.
In his petition, Dubey highlighted the prolonged vacancy in the office and its implications for government litigation, administration of justice and the functioning of statutory institutions.
The petitioner pointed out that the office of Advocate General is provided under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, which empowers the Lieutenant Governor to appoint a person qualified to be a High Court judge to the post.
The Advocate General advises the government on legal matters, performs duties of a legal character assigned under the law and has the right of audience in courts across the Union Territory.
The PIL also raised concerns over the functioning of the Jammu and Kashmir Advocates’ Welfare Fund Trustee Committee, where the Advocate General ordinarily serves as the ex-officio chairperson under the relevant legislation.
Dubey contended that the prolonged vacancy had affected the effective discharge of statutory responsibilities and sought appropriate directions to ensure the smooth functioning of the committee.
The petitioner further submitted that he had approached the Lieutenant Governor, Chief Minister and Chief Secretary through a representation dated August 22, 2026, seeking immediate intervention, but approached the High Court after alleging that no effective action had followed.
He clarified that the PIL was not aimed at securing the appointment of any particular individual but sought timely action by the competent authority in accordance with law.
The petition also sought an explanation from the authorities regarding the reasons for the continued vacancy and details of steps taken to fill the post.
During the proceedings, the court allowed an application seeking modification of the array of parties and permitted the filing of an amended cause title.
With the government now assuring the court of an appointment within a month, the matter will come up for further consideration on December 8.
Advocate Harsh Dubey appeared in person, while Senior AAG Monika Kohli represented the UT administration. — JNF
