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Jammu & Kashmir High Court - Srinagar Bench
Cm(1201/2022) Cm(3873/2020) ... vs Union Territory Of J And K And Ors on 5 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
01
Regular
2021:JKLHC-SGR:8556
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1418/2020
CM(1201/2022) CM(3873/2020) CM(4284/2025).
SHAFAT SULTAN.
...Petitioner(s)
Through: Mr. M. Y. Bhat, Senior Advocate with
Mr. Sajid Ahmad Bhat, Advocate.
VERSUS
UNION TERRITORY OF J AND K AND ORS.
...Respondent(s)
Through: Mr. Waseem Gul, GA.
Mr. Mir Suhail, Advocate for R3.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
05.02.2026
01. Heard in continuation Mr. M. Y. Bhat, learned Senior Advocate
assisted by Mr. Sajid Ahmad Bhat, learned Advocate at length,
in the light of the affidavit submitted by the Commissioner
Secretary to Government, Science and Technology Department
and the reply thereto filed by the petitioner.
02. Today Mr. Waseem Gul, learned Government Advocate comes
forth with an intervention to apprise this Court that though on
the last date of hearing, the hearing of the case had taken place
in the presence of Mr. Bikram Deep Singh, learned Deputy
Advocate General, who was representing the case on behalf of
the respondent Nos. 1 and 2, but today he i.e., Mr. Waseem
Gul, learned Government Advocate to argue in the case and
comes up with a brief apprising this Court about
2021:JKLHC-SGR:8556
communication No. LAW-Jud/153/2021-10 dated
04.02.2026 delivered to him today morning in terms whereof,
the Assistant Legal Remembrancer is requesting Mr. Waseem
Gul, learned Government Advocate to conduct the case.
03. Though this Court is not meant to know as to through whom
the Government gets its case conducted before this Court but
when it comes to a case which has been part-heard in the
presence of a Government counsel representing the
Government, a midway change of counsel by the Government
has the effect of derailing the hearing of the case, as has
happened in the present case, when Mr. Waseem Gul, learned
Government Advocate, very rightly asked for accommodation
from this Court to enable him to get himself apprised of the
brief.
04. A perusal of the communication so produced by Mr. Waseem
Gul, learned Government Advocate would show that the
Assistant Legal Remembrancer states that he has been directed
to request Mr. Waseem Gul, learned Government Advocate to
conduct the case without divulging as to on whose direction the
Assistant Legal Remembrancer has come intervening.
05. Therefore, this Court is constrained to direct the appearance
of Mr. Binny Kumar, Assistant Legal Remembrancer to apprise
this Court as to whether the direction unto him for requesting
Mr. Waseem Gul, learned Government Advocate to conduct the
2021:JKLHC-SGR:8556
case is from the end of the Commissioner Secretary, Law,
Justice and Parliamentary Affairs and if so, then to apprise this
Court about the communication so addressed, or whether it is
an oral direction.
06. The communication referred above is surely undermining the
hierarchy of the Government Counsel, as by relieving a Deputy
Advocate General, the Assistant Legal Remembrancer has
assigned the case to a Government Advocate, which should
have been otherwise, that a Government Advocate is being
relieved from an ongoing case for the purpose of being assigned
to a Deputy Advocate General or for that matter an Additional
Advocate General.
07. Let Mr. Binny Kumar, Assistant Legal Remembrancer, remain
present, be it in person or through virtual mode.
08. List on 12th February, 2026, as Case No. 1 in the Regular
Cause List.
(RAHUL BHARTI)
JUDGE
SRINAGAR
05.02.2026
Bisma Jan.
