JUDGMENT AND ORDER :

N. Kotiswar Singh, J.

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.

4. It is the stand of the Respondents No. 1 and 2 representing the Mizoram Government that the respondents (viz, the State of Mizoram and its Police personnel) are not amenable to the territorial jurisdiction of this High Court but to Gauhati High Court and hence, the present petition is not maintainable.

It has been also contended that the petitioners have no locus standi to file the petition seeking relief for benefit of third person or persons. They have contended that the petition has been filed seeking financial relief for third persons and the petitioners have also failed to show that they have exhausted all the alternative remedies available under the law and the public interest litigation cannot be regarded as shortcut to obtain relief when normal remedy under the law is available, much less when criminal proceedings are pending. It has been also contended that criminal cases have been set into motion relating to the said incident and criminal investigations are being carried out under the law and as such, the reliefs sought in the present PIL are not maintainable.

5. Mr. Julius Riamei learned counsel appearing for the respondent No. 1 and 2 (State of Mizoram) drawing attention of this Court to the relief claimed in this petition has submitted that the main relief claimed in this petition is for payment of compensation for the benefit of third parties who are not related to any of the petitioners and that too against the State of Mizoram which is not amenable to the jurisdiction of the High Court of Manipur as such this petition is not maintainable.

The reliefs claimed in this petition read as follows:-

"In the above stated facts and circumstances, it is prayed that your Lordships be pleased to issue:-

i. A writ of mandamus for directing the Respondent No. 6, 7, 8 and 9 to prosecute the personnels of the Operational Team of Mizoram Police who were involved in the killing of deceased Shri Malsawmkima;

ii. A writ of mandamus for directing the respondent No. 1 to pay a compensation;

(1) an amount of Rs. 10,00,000/- (Rupees ten lakhs only) to the family of the said deceased namely Shri Malsawmkima;

(2) an amount of Rs. 3,00,000/-(R

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