Even as the United Naga Tribes Association of Border Areas (UNTABA) is all set to file a writ petition in the Supreme Court on the long-standing border dispute between Nagaland and Assam, Nagaland government, as usual, seems to be sleeping on the issue.
According to Northeast Today, interacting with the media, UNTABA members disclosed that the writ petition will challenge the creation of the State of Nagaland in 1963 without any boundary demarcation.
It will urge the Supreme Court to direct the GoI to affect necessary amendments in the State Of Nagaland Act or 13 Amendment Act 1962 and to demarcate the inter-state boundary between Nagaland and Assam according to the 9 Point Agreement (June 1947) and as assured in the 16 Point Agreement.
The writ petition will be in the form of a PIL challenging the GoI for denying basic fundamental and human rights to Nagas living in the Disturbed Area Belts. “For more than 25 years, Nagaland Government has spent more than Rs. 22 crores on litigation processes and attending court hearings to the Original Civil Suit No. 2 filed by Assam Government in 1988”, an UNTABA member said.
The report further stated that in the original civil suit no. 2, Assam Government insisted that the inter-state boundary should be demarcated as per the State of Nagaland Act 1962, which left a large chunk of Nagas land, approximately 5,000 square miles, into the care of Assam Government.
“Since 1988, Nagaland Government, respondent No. 3 in the civil suit, has been attending court hearings and spending crores of rupees in a case, which is a ‘lost case’ as everyone is aware that the SC cannot overrule any act of Parliament relating to inter-state boundaries”, the UNTABA member said.
“Moreover, being a respondent to the civil suit, the state government cannot file any counter suit,” he said.” The case in the is apex court predicted to drag on for years and Assam Government will never withdraw the case for as long as the case drags on, it is to the advantage of Assam, another UNTABA members said.
UNTABA stressed the need for a third party and not the Nagaland Government to file a writ petition in the SC which will not only counter the original civil suit filed by Assam but also demand the boundary issue be resolved based on historical & traditional perspectives, including assurances contained in the 9 and 16 point agreements.
The writ petition will also claim compensation from Assam for “illegal extraction of mineral resources, deforestation, arbitrary establishment of tea estates and illegal establishment of settlements in the DABs.”
“We have approached the State government including the Border Affairs department a couple of times and suggested UNTABA’s option to file the writ petition as once it is filed, the state government, willingly or unwillingly, will become a respondent since the petition will challenge the creation of the State of Nagaland without proper boundary demarcation. However, despite knowing the reality of the situation, the State government has so far remained lukewarm and non-committal,” UNTABA said.
Affirming that the UNTABA’s option was in the best interest of the Naga people as a whole, the association also felt that with the signing of the “Framework Agreement”, it’s time for Nagas to work collectively in consolidating their land and historical rights.