ISLAMABAD The Supreme Court has declared Justice (retd) Deedar Hussain Shah ever-ineligible for NAB chairman slot in its detail verdict issued here Tuesday. The Apex Court, in its 33-page detail judgment penned by Justice Asif Saeed Khosa, said that the re-appointment of Justice (retd) Deedar Hussain Shah was made on the wrong advice of the Ministry of Law. The ministry has no comprehension of the constitution and law and therefore Justice (retd) Deedar Hussain Shah has become ineligible for the post of NAB chairman under the NAB Law, section 6-b. Meaningful consultation with the leader of opposition for the appointment of the NAB chairman was mandatory, said the verdict. According to the verdict, if any difference of opinion between the prime minister and the leader of opposition arises on the issue of appointment of NAB chairman, then this matter would also come up to the Chief Justice for a decision. The NAB prosecutor general slot remaining vacant for the last about six months was disturbing and the appointment on this post be made without any further delay, the court wrote in its verdict. It further said that both the Constitution as well as the relevant laws have been violated in the matter relating to the appointment of NAB chairman. On March 10, a three-member bench of the apex court ruled the appointment of chairman NAB as illegal and ordered Justice (retd) Shah to immediately relinquish the office which Deedar Hussain had assumed five months ago after the removal of his predecessor by the courts order. Referring to the Al-Jehad Trust case, the ruling said that consultation with the opposition leader has to be effective, meaningful, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play. The court directed that a fresh, regular appointment to the vacant office of chairman NAB and that of the prosecutor general be made without any delay. Justice (retd) Deedar, a former judge of SC, was appointed chairman NAB by the President on 7 October, 2010 and the relevant notification was issued on 8 October, 2010 in terms of Section 6(b)(i) of the National Accountability Ordinance, 1999. Justice (retd) Deedars appointment was challenged through Constitution petitions filed under Article 184(3) of the Constitution by Ch Nisar Ali Khan, Leader of the Opposition in the National Assembly, who is also a statutory consultee in the matter of appointment of NAB chairman and Shahid Orakzai, a freelance journalist. The President order was 'withdrawn/recalled and notification 'rescinded/cancelled on 9 February, 2011, while Justice (retd) Deedar was again 'appointed chairman NAB by the President 'with immediate effect from 9 February, 2011. The judgement stated; As cancellation of the Justice (retd) Deedars earlier appointment as chairman NAB and his fresh appointment as such had come about during the pendency and hearing of the present petitions and as the said development had been brought to the notice of this Court by the Federation of Pakistan itself, therefore, we had decided to treat that development as a part of the pending issue and to determine its effect on the same without requiring the petitioners to amend Constitutional petitions. The order also read appointment of Justice (retd) Deedar as chairman NAB by the President of Pakistan on 9 February, 2011 is ultra vires to the letter as well as spirit of section 6(b)(i) of the National Accountability Ordinance, 1999 and through such illegal appointment the Fundamental Rights of the people of this country including their right to life, right to liberty, due process of law, fair trial and access to justice are adversely affected. According to Akram Sheikh, counsel for Ch Nisar, chairman NAB is not a discretionary power of the President and in making such an appointment the President was, in terms of Article 48(1) of the Constitution, bound to act on the advice of the Prime Minister but in the case of first appointment of Justice (retd) Deedar as chairman NAB on 8 October, 2010 the Prime Minister had tendered no advice to the President. He also stated no consultation whatsoever was made with the Chief Justice of Pakistan and such omission reflected adversely upon the legality of the appointment so made.