N.KOTISWAR SINGH, J. - (1.) Heard Mr. Serto T. Kom, learned counsel for the petitioners, Mr. A Romenkumar, learned Amicus Curiae and Mr. Julius Riamei for respondents No. 1 to 5 and Mr. R.S. Reisang, Ld. Senior Government Advocate for the respondents No. 6 to 9.
(2.) This PIL has been filed by two petitioners claiming to be socially spirited persons relating to an incident which occurred on 8th May, 2015 at Tieulien Village under Parbung Police Station in Churachandpur District in the State of Manipur where one Mr. Malsawmkima, a resident of Sakawrdi Village of Mizoram was allegedly killed by personnel of Mizoram Police after being picked up from Tieulien village near the river bank of Barak river located near the said village and some villagers were also allegedly tortured by the Mizoram Police personnel. The petitioners have sought for a direction for prosecuting the personnel of Mizoram Police allegedly involved in the killing of the said Malsawmkima and for payment of compensation to the family of the said deceased Malsawmkima and 6(six) others who were allegedly tortured by the aforesaid Mizoram Police personnel and other incidental reliefs.
(3.) The respondents have filed the respective responses contesting this petition. The State of Mizoram and other functionaries under the Mizoram Government have been impleaded as Respondents No. 1 to 5 in this PIL. The State of Mizoram (Respondents No. 1 and 2) have filed an affidavit opposing this petition and also have raised the preliminary objection as regards the maintainability of this petition. Since the maintainability of this petition has been raised, it has been felt necessary that this issue should be decided first before proceeding with the issues raised and accordingly parties were heard at length on the issue of maintainability of this PIL.;