ISLAMABAD Opposition Leader in the National Assembly and central leader of Pakistan Muslim League (Nawaz) Chaudhry Nisar Ali Khan on Saturday challenged the appointment of new NAB chairman in the Supreme Court. Justice (Retd) Deedar Hussain Shah was appointed as new chairman National Accountability Bureau (NAB) on October 8. The PML-N leader prayed that Justice (Retd) Deedar be restrained from performing the functions as NAB chairman with immediate effect till the final adjudication of his petition in the larger interest of rule of law and independence of judiciary. Akram Sheikh Advocate has filed the petition on behalf of Ch. Nisar under Article 184(3) of the Constitution. Besides the NAB chairman, the Law Ministry and Establishment Division have also been made party in the case. The petitioner stated Justice (Retd) Deedar has been appointed in violation of the Constitution and the law, therefore, he should be directed to forthwith relinquish his office and the said office be declared vacant. Shahid Orakzai had also challenged the appointment of chairman NAB in the Supreme Court while Barrister Iqbal Jaffery challenged Justice (Retd) Deedar appointment in the Lahore High Court. The PML-N leader claimed that no consultations were held over the appointment of the NAB chief. He stated that on September 24, 2010 he received a telephone call from the Prime Minister for seeking his views in terms of section 6(b)(i) of the National Accountability Ordinance, 1999, regarding the proposal for appointment of Justice (Retd) Deedar Hussain Shah. The petitioner further stated that he suggested to the government for drawing up a list of possible candidates for the post, followed by detailed discussion through a participatory consultative process. However, he submitted that he was taken by surprise when Justice (Retd) Dedar Hussain Shah was unconstitutionally and unlawfully notified as Chairman of NAB by the government in total violation of section 6(b)(i) of the National Accountability Bureau Ordinance, 1999. Nisar further stated as Leader of the House that he had never advised President Asif Ali Zardari regarding the appointment of Justice (Retd) Deedar as chairman NAB. He said that Justice (Retd) Deedar is not suitable for the post as he had actively participated in party politics and had twice served as a member of the Provincial Assembly of Sindh from 30.11.1988 to 06.08.1990 and from 04.11.1990 to 19.07.1993. He questioned that whether President Asif Ali Zardari, who continuing to hold the office of co-chairman of Pakistan Peoples Party, be permitted to assume any overriding or discretionary role in the matter of appointment of chairman NAB, given the fact that inevitably his partys members are also subject to the law of accountability. Asif Ali Zardari who is accused in more than a dozen cases of alleged corruption within and outside Pakistan has obvious conflict of interest in such appointment, contended Nisar, adding that the appointment of Chairman NAB by him under the circumstances is tainted with personal motivation and susceptible to manifest abuse. In pursuant to the judgment, passed by the SC in Dr Mubashar Hassans case on December 16, 2009, the then chairman NAB Naveed Ahsan, had resigned from his post in February 2010. Since Naveeds retirement Javed Qazi, Deputy Chairman NAB, was performing as acting chairman NAB. Notwithstanding the legal invalidity of the said notification, Javed Qazi continued to perform the functions of Chairman NAB in his capacity as Acting Chairman NAB. On September 1, 2010 the apex court passed the judgment that the assumption of the position of acting chairman NAB by Javed Qazi was illegal and directed the government to appoint a regular chairman NAB within 30 days.