A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and Solicitor General were marking their presence in the court.
"We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Bobde and S A Nazeer said while not accepting the arguments that the issuance of notice will have a "cross-border repercussion".
The Attorney General said whatever is being said by this court is sent before the United Nations.
As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, "We know what to do, we have passed the order, we are not going to change".
(agency inputs)