LAHORE The detailed judgment of the Supreme Court on the appointment of Chairman NAB has put Deedar Hussain Shah, former incumbent in the office and strong choice of the President, out of race so the government would inevitably bring in a new face to this office who is also acceptable to the Opposition, which had been voicing loudly for the implementation of the Supreme Court decisions, particularly on NRO and elimination of the contractual appointments made from the among the retired officers and also of the favourites. President Asif Ali Zardari second time made serious efforts to see former Judge of the Supreme Court and his party stalwart, Deedar Hussain Shah, as Chairman NAB, which Ch Nisar Nisar Ali Khan resisted and did not agree to mainly for the reason that the latter had deep affiliation with the PPP. Nisar responding to Zardaris letter which sought his nod for Deedar, had asked the President to wait for the detailed decision which was announced on Tuesday and cleared the dust. The detailed judgement has made it quite clear that Deedar Hussain Shah cannot become Chairman NAB so no consideration can be given to his name for reappointment even if the procedure prescribed is followed, said former Justice of the Supreme Court Wajihuddin Ahmad. He said the Supreme Court in detailed decision has only streamlined the procedure for the appointment of Chairman NAB ,otherwise, each and every thing relevant to make the appointment transparent, impartial and merit-based is already there in the Constitution and the NAB law. In order to achieve that purpose, the SC has explained that due weight to the consultation and opinion from the Leader of the Opposition is necessary , otherwise, cogent and valid reasons should be recorded by the govt if that has to be rejected, he added. Wajih said after Amendment in the NAB law, President does not have discretionary authority to appoint the Chairman while the SC has made the procedure more balanced and acceptable by giving due recognition to the view of the Opposition leader. He ruled out the possibility of controversy if the Leader of the Opposition would not accept the nominee of the Prime Minister for Chairman slot and said, it cannot happen if from three or four names, consensus is reached on one. Wajih, who also contested the President election against Asif Ali Zardari and known for his integrity, judicial acumen and deep understanding of state of affairs, said we have a system which lacks due punishment to the corrupt whereof the nation is up against a deplorable plight. In order to eliminate corrupt and ameliorate the situation, he viewed four offices namely Chairman NAB, Federal Ombudsman, Election Commissioner and Auditor General to be appointed strictly on merit above liking and disliking of an individual. The SC decision as such is a right step in that direction, he added. 'Section 6 of the NAB Ordinance calls for appointing NAB Chairman who is man of integrity, impartial and above political consideration. The same intent is also that of the Asfandyar Wali case of 2001, which incorporated in the Constitution consultation of CJP in the appointment of Chairman NAB, he said. Is political affiliation a demerit to be Chairman NAB when SC has held in a judgement has allowed a political affiliated to be a judge,however, observing that after he assumes the office, he abandons that affiliation, he added. President Lahore High Court Bar and senior jurist Asghar Ali Gill on this score ,however, maintains that court and investigation agency differ in the nature of job. 'A fair and transparent, impartial and unbiased investigations bring before the court factual position of a case on the basis of which the court decides the same. As such it is more important that a person heading an investigation department probes a matter rising above his affiliations and in a free and fair manner and without favour, he added. Gill has supported the SC decision and denial to reappoint Deedar while also appreciating the role of the Chief Justice if a controversy erupted between the PM and the Leader of the Opposition. He says no dispute can arise if the govt acts fairly and implements the SC decisions and serves the masses selflessly and if it has to flout the decisions naturally it would like his own persons to head the departments. Gill says the govt can seek review of the decision and after that also enact on the SC decision under Article 217 of the Constitution through the simple majority but it cannot go outside the limit of the decision. He said corruption is rampant at present and the country is going down every day. Therefore, transparent and on merit appointment of Chairman NAB is a must, he said. Former Deputy Attorney General and senior lawyer Raja Abdul Rahman says the SC decision has touched the border line of the legislature by way of giving somewhat veto power to the Leader of the Opposition in the process. He said the question relates to the law under which Opposition leader has been given such overriding powers. According to him, the SC verdict may be troublesome for the Prime Minister. 'The 18th Amendment, he says, has considerably minimised the Constitutional role of the President after many of his powers have been devolved to the Prime Minister. So in the appointment of the Chairman NAB the PM would remain in the limelight for advising the President under Article 48 of the Constitution but himself following advice of the Party Co-Chairperson, the President, who also got a constitutional role as such. Not that but the PM would also be dealing with the Opposition leader to take him on the board, which is another situation for him, he added.