96
essential
trait
of
any
such
service-oriented
enterprise.’
In traditional adversarial system, the lawyers
of the parties present points which are at issue to
enable the court to decide for or against a party. In
PIL there are no winners or losers and the mindset of
both lawyers and Judges can be different from that in
ordinary litigation. The court, the parties and the
lawyers are expected to participate in resolution of
a given public problem. (Dr. Upendra Baxi V. State of
U.P. (1986) 4 SCC 106).
Mr. Manzill Murshid while adopting the arguments
made in the High Court Division also submits that the
writ petition is maintainable. He has also submitted
about
the
background
of
the
Sixteenth
Amendment.
According to him, the Supreme Court interfered with
the
Contempt
of
Court
Act,
2013;
the
relevant
provisions of the Durniti Daman Commission Ain, 2004
and direction to arrest the accused in Narayangonj’s
sensational
seven
murder
case
that
prompted
the
Parliament with a view to taking control of higher
judiciary
by
amending
the
provisions
of
removal