ISLAMABAD Justice Mehmood Akhtar Shahid Siddiqui while heading a four-member bench, which was hearing a contempt of court cases against PCO judges, said though defying court order by the judges is not included in the Code of Conduct, it is a direct attack on the institution of judiciary. The judge remarked this on the statement of SM Zafar, counsel for Justice Zahid Hussain, who argued that disobeying court order is also mentioned in the Code of Conduct, therefore, they should be tried under Article 209 that deals not only with the removal of a judge but also examines their misconduct. The learned counsel said that the Supreme Judicial Council (SJC) should hear contempt of court cases against PCO judges. He said things that could have been done through SJC should not be done through contempt of court case. Justice Shahid remarked for the first in Pakistans history a chief judge had taken firm stand against the president of the country, but the PCO judges had failed his stand, saying this case was unique in the judicial history of Pakistan. The four-member bench was hearing contempt of court cases against PCO judges, who had violated the seven-member benchs decision on November 3, 20007 and had taken oath under PCO. Justice Tariq Pervaiz said this was not the issue that the superior courts judges had taken oath under PCO but they had violated the apex courts order. S M Zafar contended; If the court opens the gate of contempt of court cases against the fellow judges then God knows how many cases will be before the Supreme Court and the high courts judges. It will undermine the sovereignty and sacredness of this institution. If you would not follow the procedure given in Article 209 you will be nullifying the basics of this institution. Justice Tariq questioned if misconduct is violation of Code of Conduct then what if someone violates the court order? He said in Chief Justice Iftikhar Mohammad Chaudhry versus President of Pakistan case there was no issue of contempt of court. The learned counsel, however, said in that case contempt of court had not been discussed but the importance of SJC, adding whatever had happened in the past should not happen again. Justice Jawwad S Khawaja said it was their common objective that the credibility was not adversely affected. He said in 31st July, 2009 judgment there was no mention of contempt of court but it was included in the October 5, 2009 judgment. He said in that judgment it was stated that if any judge committed misconduct then he would be tried under Article 209. He said if his client has done something wrong then he should be dealt in accordance with misconduct. S M Zafar would resume his argument today (Tuesday) and hopefully conclude them.