ISLAMABAD - S M Zafar, counsel for a PCO judge, Tuesday stated that the judges who had taken oath under the amended constitution have also committed violation as those who had taken oath under Provisional Constitutional Order. The learned counsel was arguing case of Justice Sayed Zahid Hussain of the Supreme Court, his client, before a four-member bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain, which is hearing PCO judges. He said after the Revocation of Proclamation of Emergency Order, 2007, there was an amended constitution and many judges took oath under the amended constitution but a few refused. He said: the judges who had taken oath under amended constitution have also committed violation as those who had taken oath under PCO. Justice Khilji Arif Hussain said 3rd November, 2007 emergency was proclaimed by a Chief of Army Staff, while under Article 232 of Constitution the emergency could be imposed on the advice of Prime Minister. Justice Tariq Pervaiz on that point said: They had taken oath under un-amended Constitution (Naik formula) on that the Parliamentarians and Prime Minister had also taken oath. He said without a judge there is no court and the judge is part and parcel of the court, adding the Supreme Court judge is himself a court therefore notices could not be issued to him. He said across the world there was no example that a judge of Supreme Court has been issued notice by its own colleagues. Justice Shahid Akhtar Siddiqui remarked a dictator imposed emergency in the country and issued PCO against that higher judiciary, and added the parliament also did not indemnify the unconstitutional steps of the dictator, but a few judges of the superior courts supported the Provincial Constitutional Order. He questioned how come there be an institution within an institution, adding it was an historical struggle therefore they would make new law in that perspective. S M Zafar contended that the court could not interpret the history as judges job is only to interpret the Constitution. Justice Jawwad S Khawaja replied that in his own book he has mentioned that in order to interpret the Constitution all the events of the past should be kept in mind.