ISLAMABAD - Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan challenged the appointment of Fasih Bokhari (Retd) as chairman National Accountability Bureau (NAB) in the Supreme Court of Pakistan on Saturday. Akram Sheikh, senior advocate, filed a constitutional petition under Article 184(3) of the Constitution on behalf of the petitioner, making Federation through secretary of law, secretary of establishment division and Chairman NAB Fasih Bukhari as respondents. The petitioner requested that Admiral (Retd) Fasih Bukhari may graciously be restrained from performing functions as chairman NAB with immediate effect, till the final adjudication of this instant petition in the larger interest of rule of law, independence of judiciary and for the enforcement of judgement of the Supreme Court of Pakistan in the case of Shahid Orakzai vs Federation of Pakistan, PLD 2011 SC 365 for the protection of parliamentary democracy and most importantly for increasing the faith of people of Pakistan in the accountability process. The petitioner stated that Chief Justice of Pakistan was not consulted before notifying the appointment of Chairman NAB despite various judgements of apex courts in this connection deeming the CJP to be a valid consultee. The petitioner questioned whether in the light of the dictum laid down by this august court in Khan Asfandyar Walis case (PLD 2001 SC 607) and re-affirmed in Dr Mubashar Hassans case (PLD 2010 SC 265), Bank of Punjab v Haris Steel Industries (PLD 2010 SC 1109) and the Order dated 10.03.2011 in CP Nos. 60/2010 and 61/2010, the appointment of the Chairman NAB without consultation of the Chief Justice of Pakistan is not illegal, without lawful authority and void ab initio. Respondents No. 1 & 2 have not only acted in violation of law as laid down by the Supreme Court of Pakistan but have also acted in open defiance and contempt of this courts judgement in Justice (Retired) Syed Deedar Hussain Shahs case. Upon the announcement of the said judgement, the governing political party formally decided to flout and act in complete defiance of the said judgement and it even resorted to public protests against the solemn judgement of this apex Court, the petition further contended. The petitioner objected that it is evident that in the appointment of chairman NAB, the so-called consultation was carried out by the President through a process that is neither just and fair nor impartial and evenhanded. Whether mockery of the process of consultation has been made by the President by suggesting a single name of the Respondent No.3 for the post of chairman NAB and appointing him with consent of the Prime Minister notwithstanding objection of the Petitioner to adaptation of such process of consultation?, he further questioned. The petitioner further said: The office of Respondent No. 3 (Chairman NAB) is unique and significant in the history of our country because of the endemic corruption that has seeped into the roots of the nation from day one. The history of anti-corruption laws is full of instances of witch-hunting of innocent politicians and businessmen rather than convicting the actual looters and plunders of national wealth. Therefore, the Honorable Supreme Court of Pakistan in the Asfand Yar Wali case and in the recent case of Mubashir Hassan v. Federation, PLD 2010 SC 265 clearly laid down the principles for fair, transparent, just, legal, equitable and Constitutional accountability of individuals and entities involved in corruption and corrupt practices. The mere exchange of a letter was eyewash and cannot be considered from any aspect as a 'consultative process. It totally negates the essential spirit of section 6 of National Accountability Bureau Ordinance of 1999. This token act is a blatant negation of the principles laid down. The petitioner also contended that Asif Ali Zardari, President of Islamic Republic of Pakistan, is disqualified from exercising any powers or performing any function with regard to the appointment of Chairman NAB keeping in view the oath of his office whereby he has sworn not to allow his personal interest influence his official conduct. 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. The appointment of chairman NAB by him under the circumstances is tainted with personal motivation and susceptible to manifest abuse. It also tantamount to the accused being given authority to appoint a prosecutor of his own choice, which cannot be countenanced constitutionally nor approved keeping in view canons of justice, equity and fair play. He also objected that President Asif Ali Zardari, is continuing to hold the office of Co-Chairman of one of the major political parties (i.e. PPP) of the country, 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. The leader of opposition also questioned in his petition that whether given the fact that the Presidents authority to appoint Chairman NAB is not specified to be discretionary as per Section 6(b)(i) of the National Accountability Bureau Ordinance, 1999, he, in the matter of such appointment, is, on the analogy and in view of the provisions of clause (i) of Article 48 of the Constitution of the Islamic Republic of Pakistan, 1973, read with clause (2) ibid, bound to take the advice of the Prime Minister or the Cabinet before exercising his authority for the appointment of Chairman NAB.