88
maintainable, that the writ petition is premature;
that the judiciary as one of the essential organs of
the Republic ought to be made accountable to the
people; that the removal of the Judges should be left
with
the
representatives
Sixteenth
Amendment
of
the
has
not
people;
that
curtailed
the
the
independence of judiciary; that this amendment has
not violated article 7B of the constitution; that
this
amendment
contained
in
interfered
restored
article
with
the
96
the
and
basic
original
thereby
provision
it
structure
has
not
of
the
constitution and that the High Court Division erred
in its majority view in declaring the Constitution
Sixteenth Amendment ultra vires the constitution.
Mr.
Murad
petitioners’
Reza
locus
raised
standi
the
to
issue
maintain
of
writ
the
writ
petition and also the maintainability of the writ
petition. In support of his contention he has relied
upon some cases which were considered by the High
Court Division.
The
Philosophy
of
Public
interest
litigation
(PIL) has developed in recent decades and marks a