ISLAMABAD - Justice Jawwad S Khawaja while hearing the PCO judges case on Tuesday said it was the collective responsibility of all the institutions to talk about 'high treason' that was committed on 3rd November, 2007, as the court's job is to deliver only justice and not prosecution. Justice Jawwad observed that in response to the statement of Aftab Bajwa, who has filed a petition against the military and civilian authorities. He said that the parliamentarians were not in a position to talk about 'high treason' therefore his petition should be fixed along with PCO judges case. In his petition he has stated that the army generals and the civilians who were also involved in the promulgation of PCO and emergency on the 3rd of November, 2007, should be issued notices. S M Zafar, counsel for Justice Zahid Hussain, on Tuesday said all the objectives could be achieved through Article 209, therefore, the court should have not issued contempt of court notices to PCO judges. He said in UK contempt of court notice could be issued to the subordinate judges and not to the judges of the superior courts. He said in Mujib-ur-Rehman case, announced on July 31, 1972, it was stated that contempt of court notice could be issued to the judges of subordinate judiciary. A four-member bench headed by Justice Mehmood Akhtar Shahid Siddiqui, and comprised Justice Jawwad S Khawaja, Justice Arif Khilji and Justice Tariq Pervaiz was hearing contempt of court cases against PCO judges, who had violated the seven-member bench's decision on November 3, 20007 and had taken oath under PCO. Justice Siddiqui said the PCO judges had not maintained the dignity as they had shown allegiance to a person (Ex-President Pervez Musharraf). S M Zafar said that on 27-08-2008 eight judges of Sindh High Court and on 30-08-2008 five judges of Lahore High Court had taken oath under Naik formula. He while quoting the newspapers' reports said many lawyers' movement leaders expressing great regret at that time had termed the reappointment of the deposed judges illegal and unconstitutional. Justice Tariq commented that these were the political statements and had no constitutional importance. Justice Khilji asked the learned counsel to tell the court what had been stated in the SHCBA judgment. S M Zafar said the judges who had taken oath initially and later were the same, adding Justice Arif Hussain Khilji and Justice Tariq Pervaiz also fell in the same category. But Justice Arif Khilji said in SHCBA case the distinction had been made between judges who had taken oath under PCO and those who re-appointed. Regarding Justice Zahid Hussain, the learned counsel said that the then chief justice despite knowing everything had appointed his client as judge of the Supreme Court. However, Justice Tariq stated that one judge had appointed Justice Zahid, while 14-member bench delivered judgment against him and the PCO judges. When S M Zafar was telling the court about his role in various governments in the past, Justice Jawwad stated; "History is always written by those who are victorious." The learned counsel said the oppressors made the history and allowed some oppressed persons to write history. Justice Siddiqui remarked that this history had been changed. He asked Zafar to quote one incident from any other country of the world where judges 'stood against its own fellow judges.' He said in the past some judges supported the dictators and many refused to take oath under PCO. But the event of 3rd November, 2007, was complete deviation from the past practice. S M Zafar said through 18th Amendment it had been legalised. Justice Siddiqui said that now it was the feeling among judiciary, masses and the lawyers that the generals' step of 3rd November was wrong.