ISLAMABAD The secret NAB Ordinance issued by President Asif Ali Zardari was challenged in the Supreme Court on Monday, praying to declare that the promulgation of any ordinance by the President without a positive advice of the prime minister violates the Constitution and shall invoke Article 47. Shahid Orakzai, a journalist, challenged the promulgation of National Accountability Bureau Amendment Ordinance 2010, seeking a ruling on the violation of the Constitution by the President of Pakistan. He filed the petitioner under Article 184(3) of the Constitution and made the Federation through Secretary Ministry of Law as respondent. He prayed to the apex court to declare that the promulgation of any ordinance by the President without the positive advice of the prime minister violates the Constitution and shall invoke Article 47. The secret NAB Ordinance issued by President Asif Zardari on September 16 exploded in both the Houses of Parliament the other day, seriously embarrassing Prime Minister Gilani in the National Assembly, forcing an opposition walkout from the Senate and splitting the PPP, with Senator Raza Rabbani joining the opposition walkout. The petitioner questioned as to whether the President can promulgate an ordinance under Article 89 without the advice of the Cabinet or the Prime Minister? Shahid Orakzai contended that the Prime Minister has reportedly admitted before the National assembly that an ordinance amending the National Accountability Bureau Ordinance had been promulgated by the President on September 16, 2010 without his advice as required under Clause (1) of Article 48 and 89(1) of the Constitution. Orakzai contended that because of poor literacy, the two Houses of the Parliament are still unaware of the grave violation and this court has been moved essentially to establish whether the unauthorised promulgation of an ordinance or any act to be taken thereunder does not constitute a violation in terms of Article 47. An important Federal Law regarding thousands of criminal cases has been changed without any information to the federal government as it is defined in Article 90 of the Constitution, Orakzai submitted. He informed that the laying of the Ordinance was strongly questioned in both the Houses of the Parliament and even an advisor to the Prime Minister had joined the oppositions walkout in the Senate against the secret Ordinance that was never made public before it was laid before the two Houses. How can any House move a resolution of disapproval about a law made in the Presidency, if it remains a secret, Orakzai questioned.