KARACHI, Oct 14: The Sindh High Court issued notices to President Asif Ali Zardari, federal Law Minister Babar Awan, Attorney General of Pakistan Maulvi Anwarul Haq and newly-appointed National Accountability Bureau Chairman Justice (retd) Deedar Hussain Shah on a petition challenging the NAB chief’s appointment.

A division bench comprising Justices Sajjad Ali Shah and Shahid Anver Bajwa also directed that notices be issued to Advocates Khalid Anver and Anwer Mansoor Khan “to render necessary assistance to the court”.

In the petition filed on Wednesday, Advocate Rasheed A. Akhund requested the court to declare the appointment of Deedar Shah illegal because it had been made in violation of Article 48 of the Constitution.

He cited the president, Federation of Pakistan through the Ministry of Law and Parliamentary Affairs and NAB and itschairman as respondents.

The petitioner contended that Section 6 of the NAB Ordinance required the president to appoint the chairman of NAB in consultation with the leader of the house as well as the leader of opposition in accordance with the Supreme Court judgment in the Asfandyar Wali Khan case.

Referring to a Supreme Court judgment in the Dr Mubashir Hassan case, he said the verdict had reiterated the principle of consultation with the chief justice of Pakistan.

He said that under Article 48 of the Constitution, the president was required to act in accordance with the advice of the prime minister, except where the Constitution provided otherwise.

Mr Akhund argued that since no exception had been provided in the Constitution about the appointment of NAB chairman, the president could do so only on the advice of the prime minister.

He said the appointment was in violation of Article 48 because the prime minister and the opposition leader had publicly stated that they had not been consulted.

He also said that Deedar Shah did not fulfil the conditions prescribed by the apex court.

In its Thursday’s order, the bench said: “Contention raised requires consideration. Admit. Notice to respondents as well as Attorney General of Pakistan for Oct 21, 2010, to be taken up at 11am. Since various provisions of the Constitution of Pakistan, 1973, have been raised, we would direct that notices be issued to Khalid Anver and Anwer Mansoor Khan, senior advocates, to render necessary assistance to the court.”

Syed Irfan Raza adds from Islamabad: A petition was filed in the Supreme Court on Thursday challenging the appointment of Justice (retd) Deedar Hussain Shah as chairman of the National Accountability Bureau.

The petition filed by journalist-turned-lawyer Shahid Orakzai alleged that legal obligations had not been met in the appointment. The Pakistan Muslim League-N has also announced that it will challenge the appointment in the Supreme Court.