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

Select target paragraph3