The ‘original suit’ on the Assam-Nagaland border dispute filed by the then Asom Gana Parishad (AGP) government at the Supreme Court in 1988 has reached the trial stage.
In fact, an official in the Assam Home department said that this is the ‘first original suit’ at the Supreme Court to reach a trial stage, after all efforts – institution of a boundary commission, appointment of an interlocutor and an appeal to both the States to sort out the difference – failed to yield any results.
According to The Sentinel, original suits are State versus State cases, pertaining to issues like territory, water disputes etc. At the trial stage, both the parties will produce their witnesses. Nagaland government has submitted a list of around 250 witnesses before the apex court, but the neighbouring State has been directed to cut down the number.
State Border Areas Development commissioner LS Changsan has already appeared on behalf of Assam government. The PCCF is likely to appear next, followed by deputy commissioners of the districts where there are disputes and Revenue department officials. It is learnt that the witnesses are examined directly by the judges. The counsels cannot assist the witnesses at the time of examination.
“Out stand has been clear from the beginning. We will stick to the constitutional boundary. Nagaland wants to redraw the boundary citing historical rights. Ultimately, we are back to square one – that we are back to where it started,” Assam Border Areas Development commissioner LS Changsan was quoted by The Sentinel, when asked about the State’s stand at the court.
“But how much will we go back in history? There have been debates regarding history. We feel constitutional boundary should be acceptable to all,” she added.
Assam claims Nagaland has usurped 59,159.77 hectares of State’s territory in Golaghat, Jorhat and Sivasagar districts. Nagaland says these tracts historically belong to them. The boundary dispute between the two states dates back to 1963 when Nagaland was carved out of Assam as a separate state.
Nagaland has been insisting on a resolution on the basis of history and traditions which are difficult to define. To examine such claims of Nagaland, Government of India set up Sundaram Committee in 1971, with KVK Sundaram, the then chairman of Law Commission of India, as Chairman.