ISLAMABAD - The judges who took oath under Provisional Constitution Order (PCO) are no more judges of the superior courts as the Parliament had not validated even a single action of the dictators November 3, 2007 order. The court ordered Attorney General Maulvi Anwar to get full instruction from the Federal government about its stance over the PCO judges. Chief Justice Iftikhar Muhammad Chaudhry stated that while heading a seven-member bench comprising Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim. The bench was hearing the intra-court appeals of the PCO judges. During the proceedings, the Chief Justice remarked that Parliament never validated the November 3 PCO, while 2000 oath was given validation under 17th Amendment. He said that whatever steps taken by the dictator on that day were unconstitutional. Therefore, the judges who took oath between November 3, 2007 and December 15, 2007 are no longer part of the judiciary as they did not take oath after the restoration of the Constitution. He said he respects his former colleagues but they could not be called judges without the approval of the Parliament. SM Zafar, counsel for Zahid Hussain, a PCO judge of Supreme Court, argued the PCO judges had been declared judges in July 31, 2009 judgment. He said that he was unable to figure out why the court showing urgency to end the case and the judges were sitting with the determined mind. He prayed till the detailed judgment of the four-member bench, the proceedings of the contempt of court be suspended. The CJP said the PCO judges do not have legitimacy and they could not claim themselves to be the judges of the superior courts, adding, that Tikka Iqbal Khan judgment was set aside in the July 31st verdict. He said prima facie the perks, salary and benefits for PCO judges of either group (apologetic and unrepentant), are dubious. He said the seven-member bench of SC has blocked the deviation of Constitution for all times to come. SM Zafar said the Parliament also helped the judiciary. But the Chief Justice remarked that the judges had given sacrifices for it as well. He said many judgments of the apex court have passed for the national interest, ,adding, they will take all necessary steps to safeguard the countrys judicial system. SM Zafar said the judges could not be tried under Article 204 of 1973 Constitution because a judge is different from a person. Justice Saqib Nisar remarked when the PCO judges were not the judges according to July 31st 2009 judgment then it becomes irrelevant that whether the PCO judges could not be tried under Article 204. The learned counsel said his clients case was different from other PCO judges as his fresh appointment in the SC was made on April 14th 2009, while the judgment on PCO came on July 31st, 2009. Justice Zahid was issued notice on the new appointment of the Supreme Court, he added. The hearing of the intra-court appeals of PCO judges was adjourned till March 3, while the contempt of court proceeding has been deferred till March 7. The nine judges against whom the court would frame contempt charges are: Justice (Retd) Iftikhar Hussain Chaudhry, Justice (Rted) Abdul Hameed Dogar and dysfunctional judges including Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain and Justice Syed Sajjad Hussain Shah. The PCO judges were facing contempt charges for taking oath under the PCO in defiance of a restraining order issued by a seven-judge Supreme Court bench on November 3, 2007. For the past three months, the bench was conducting proceedings for contempt of court charges against 10 judges who had decided to contest contempt of court charges.