*Expresses concern over delay in appointing AG
Excelsior Correspondent
JAMMU, June 6: High Court of Jammu & Kashmir and Ladakh has stayed the operation of a communication from the Divisional Commissioner which sought to bring Shri Nav Durga Jhaleri Mata Shrine under the administration of Shiv Khori Shrine Board until fresh legislation was enacted.
While hearing petition, Justice Rahul Bharti observed, “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”.
Justice Bharti further observed, “an important question of law also incidentally getting confronted in this writ petition 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 UTs of Jammu & Kashmir/Ladakh”, the High Court said, adding “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”.
The petitioner identifies itself to be a trust constituted for service of Shri Nav Durga Jhaleri Mata Shrine which is located in village Pangal, tehsil Katra of Reasi and is feeling aggrieved of the intervention which has come from the office of the Divisional Commissioner, Jammu where it has been mentioned that affairs of Shri Nav Durga Jhaleri Mata Shrine will be looked after by Shiv Khori Shrine Board till legislation is enacted to deal with religious place in reference in UT of Jammu & Kashmir.
After hearing Advocate Aseem Kumar Sawhney for the petitioner Deepak Kumar, who claims to be a devotee of Shri Nav Durga Jhaleri Mata and is on caveat in the name of deity, Justice Rahul Bharti observed, “there is a scope for intervention of the court in the matter”. Accordingly, the High Court issued notice to the respondents which were accepted by Senior AAG Monika Kohli.
The High Court suo moto impleaded Shri Mata Vaishno Devi Shrine Board as the respondent in the writ petition as the proforma respondent. Standing Counsel Adarsh Sharma accepted notice on behalf of Shri Mata Vaishno Devi Shrine Board.
In the meantime, the operation of the impugned communication No. 601/RA/CC-7016154 dated 28.04.2025 shall remain stayed, the High Court ordered and appointed Chief Executive Officer of the Mata Vaishno Devi Shrine Board as ex-officio interim administrator/receiver of the Shri Nav Durga Jhaleri Mata.
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