A three-judge Bench comprising Chief Justice R C Lahoti, Justice G P Mathur and Justice Tarun Chatterjee, after passing the order, observed that let the draft of the order copy be circulated among the three States for evolving a consensus on the terms and reference of the Commission.
The Bench said the long pending issue of boundary dispute would best be determined by a Commission appointed by the Court under the Supreme Court Rules rather than by a boundary commission.
The Court, in its draft order, said that the Commission would go into the legal, political and historical facts associated with the dispute but was in doubt whether the historical facts would include all kinds of historical facts or just those which were taken into consideration while demarcating the boundaries of the States of Nagaland and Arunachal Pradesh under the Constitution.
State of Assam, through senior advocate K K Venugopal and counsel Krishna Sharma argued that as the State's boundary with Nagaland passed through dense forests, the authorities of the Nagaland had been pushing forward the boundary pillars before every election claiming territories from Assam.
Nagaland denied the allegation and said that the earlier demarcation was done only for revenue purposes and any Commission going into the dispute should consider the historical facts.