Jammu Bar Association letter to Lt Governor.
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As of April 29, 2025, the Jammu and Kashmir High Court Bar Association (JKHCBA), Jammu, has formally written to Lieutenant Governor Manoj Sinha, urging him to address the prolonged vacancy in the position of Advocate General. The post has remained unfilled since Advocate General D.C. Raina resigned on October 18, 2024, following the swearing-in of the new National Conference-led government, as is customary. Although Chief Minister Omar Abdullah requested Raina to continue, the absence of an official communiqué prevented his reinstatement, leading to a legal and administrative impasse .
The delay in appointing a new Advocate General has raised concerns within the legal community. The Jammu and Kashmir and Ladakh High Court has expressed apprehension over the matter, especially during hearings on significant cases, such as the petition against the new J-K reservation policy, where the absence of an Advocate General was notably felt .
The appointment process is further complicated by the unique administrative structure of Jammu and Kashmir. Under Section 79 of the Jammu and Kashmir Reorganisation Act, the Lieutenant Governor holds the discretionary power to appoint the Advocate General, without the obligation to act on the advice of the Council of Ministers . This has led to a situation where, despite the Chief Minister’s recommendation, the Lieutenant Governor’s approval remains pending.
In light of these developments, the JKHCBA’s letter emphasizes the urgency of filling the Advocate General’s position to ensure effective legal representation for the Union Territory’s administration and to uphold the rule of law. The Bar Association’s proactive engagement reflects the broader legal fraternity’s concern over the prolonged vacancy and its implications for the justice delivery system in Jammu and Kashmir.
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