Jammu, Dec 8: In a significant development, the High Court today dismissed a petition filed against the appointment of Wajahat Habibullah as the Chief Information Commissioner of Jammu and Kashmir.
The Division Bench comprising Chief Justice Barin Ghosh and Justice Muhammad Yaqoob Mir after hearing petitioner Raj Dev Sharma, who appeared in person, and Advocate General Muhammad Ishaq Qadri dismissed the petition, saying no public interest was involved.
Wajahat is set to quit as Chief Information Commissioner (CIC) of India to take over the fresh assignment in Jammu and Kashmir.
Raj Dev Sharma, a Right to Information activist, had challenged the appointment, saying that Jammu and Kashmir’s RTI Act is clear that people residing in J&K alone are entitled to information under the Act. Wajahat Habibullah is a non-resident, so how can he gather information when he himself has no right over it, the petition said.
When the case came up before the Division Bench on Monday, the petitioner failed to prove that the petition was in public interest. The Advocate General of the State, Muhammad Ishaq Qadri, said the state government had already put up the caveat but the petitioner failed to convince the court and the case was dismissed. “Before we could have argued he had to satisfy the court, which he failed,” the Qadri said.
Wajahat has had a long association with Kashmir. He took up his first assignment in the state in 1969 after qualifying as an IAS officer, and later served here in various capacities till 1982.
He returned to Kashmir in 1990 at the peak of militancy but the new term was cut short by a near-fatal road accident in 1993. He was Kashmir’s Divisional Commissioner then and was leading the negotiations on behalf of the government with the militants holed up inside the Hazratbal shrine.
Wajahat’s efforts had helped the government bring the Hazratbal siege to a peaceful end. He is known to enjoy cordial relations with several top separatists.

Lastupdate on : Tue, 8 Dec 2009 21:30:00 Makkah time
Lastupdate on : Tue, 8 Dec 2009 18:30:00 GMT
Lastupdate on : Wed, 9 Dec 2009 00:00:00 IST