Srinagar: Nearly nine months after Jammu and Kashmir elected a new government, the post of Advocate General — the Union Territory’s top law officer — remains conspicuously vacant.
The prolonged absence has sparked serious concern across the legal fraternity, judiciary, and political leadership, especially as critical constitutional matters, including those linked to the August 5, 2019 decisions, remain before courts.
Waheed Para, PDP leader and Member of the Legislative Assembly, termed the vacuum “deliberate.” In a post on X, he said:
“Nine months into an elected government, J&K still has no Advocate General. At a time when critical constitutional matters stemming from August 5 are in courts, this vacuum is deliberate. In a border state facing cross-border threats, denying legal aid and advice stalls justice, accountability, and healing. Why delay?”
The Jammu and Kashmir and Ladakh High Court has repeatedly flagged the issue. During a June 11 hearing concerning the Shri Nav Durga Jhaleri Mata shrine, Justice Rahul Bharti criticised the inaction, stating that the vacancy had effectively rendered Section 92 of the Civil Procedure Code defunct.
“The office of Advocate General is in vacancy… leaving a live provision a dead letter of law,” he noted. In the absence of government legal representation, the judiciary has been compelled to step in to protect the rights of deities — recognised in law as “perpetual minors.”
In April, the Jammu and Kashmir High Court Bar Association in Jammu wrote to Lieutenant Governor Manoj Sinha and Chief Minister Omar Abdullah, urging the immediate appointment of an Advocate General.
“Justice delayed is justice denied. And without an Advocate General, delay is all we are left with,” said Bar President K Nirmal Kotwal. He also highlighted the fallout for advocates themselves, with welfare fund disbursements stalled.
