HC stays executive takeover of Shri Nav Durga Jhaleri Mata Shrine, appoints interim administrator for J&K

HC makes caustic remarks for not appointing AG for J&K

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JAMMU: Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court while hearing matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.

Justice Rahul Bharti while hearing petition observed that this writ petition comes up with important constitutional questions of law with respect to the power of the Executive to take over in entirety a Hindu religious place without any legislative authority and instead by referring to the directions of the Division Bench of this Court.

Court further observed that in addition, an important question of law is also incidentally getting confronted in this writ petition before this Court is that for how long the UT of Jammu & Kashmir and Ladakh can go without an Advocate General in office in whose absence section 92 of the Code of Civil Procedure, 1908 is suffering suspended animation as if section 92 of the Code of Civil Procedure, 1908 has to await Government of UT of Jammu & Kashmir/Ladakh to appoint an Advocate General whereupon with respect to any institution bearing charitable or religious nature meant for public purpose can be afforded a better administration and management by Advocate General's indulgence in approaching a Principal Civil Court of Original Jurisdiction in any given District of UT of Jammu & Kashmir/Ladakh wherein such an institution of charitable or a religious nature meant for public purposes is located. Therefore, there is a scope for this Court to come intervening by calling upon the Government of UT of J&K to apprise this Court about the state of affairs related to the appointment of an Advocate General for UT of J&K.