Shri Nav Durga Jhaleri Mata Shrine Case| Jammu & Kashmir And Ladakh High Court Flags Concern Over Delay In Appointment Of Advocate General

The Jammu & Kashmir and Ladakh High Court has flagged concern over delay in appointment of Advocate General causing suspension of Section 92 of the Code of Civil Procedure, 1908.

The Court was considering a Writ Petition seeking explanation from the Government over delay in appointment of the Advocate General and opposing the take over of administration of Shri Nav Durga Jhaleri Mata Shrine by the government.

The single bench of Justice Rahul Bharti observed, "There is a scope for intervention of the Court in the matter considering the fact that the Deity Shri Nav Durga Jhaleri Mata is a perpetual minor and, therefore, it becomes equally a binding concern of this Court as well to come into play and see to it that the affairs related to the Deity are not let to suffer mishandling/mischief and other acts of omission and commission be it at the hands of the persons who claim themselves to be the custodian/guardian of the religious place related to the Deity or for that matter the persons who oppose the custodian/guardians of the said religious place. It is where the role of an Advocate General is envisaged under section 92 of the Code of Civil Procedure, 1908 but office of Advocate General is in vacancy in UT of Jammu & Kashmir and Ladakh since long leaving a live provision a dead letter of law."

The Petitioner was represented by Advocate G. S. Thakur while the Respondent was represented by Senior Additional Advocate General Monika Kohli.

Facts of the Case

The Petition involved question 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. The Petitioner, a Trust identifying itself to be a trust constituted for service of Shri Nav Durga Jhaleri Mata Shrine was aggrieved of the intervention by the office of the Divisional Commissioner, Jammu which decided that the affairs of Shri Nav Durga Jhaleri Mata Shrine will be looked after by Shiv Khori Shrine Board till legislation is not enacted to deal with religious place in reference in UT of Jammu & Kashmir.

The Petitioner argued that the interference by the Administration of UT of J&K in the religious affairs related to the religious place of the Hindu religion is without any constitutional basis and is amounting to hostile takeover rather than leaving the religious place to be administered and managed by the Hindu Community itself

Counsel with respect to the religious place in question contended that at the end of the day it should be the common concern of one and all to see that the religious place is best administered and managed without becoming a matter of business and monopoly in the hands of the select few whosoever they may be.

The Court issued notice in the matter and stayed the operation of the impugned communication issued by the Government Department.

It also suo-moto impleaded Shri Mata Vaishno Devi Shrine Board and appointed the Chief Executive Officer of the Mata Vaishno Devi Shrine Board, Katra as ex-officio interim administrator/receiver of the Shri Nav Durga Jhaleri Mata religious place who shall be well within his right to look after day to day administration and management of the religious place for the sake of service of the devotees/pilgrims visiting the place for the purpose of paying homage or rendering the service be it religious or social.

Cause Title: Shri Nav Durga Jhaleri Mata Trust vs. UT of J&K and others

Appearances:

Petitioner- Advocate G. S. Thakur

Respondent- Senior Additional Advocate General Monika Kohli, Advocate Aseem Kumar Sawhney, Advocate Mohd. Kashif Malik

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