Charter battle moves to Constitutional Court

Senator Paiboon Nititawan yesterday warned that coalition MPs and pro-government senators might be removed from office for enacting a bill to amend Article 68 of the Constitution.

Paiboon, an appointed senator of the so-called Group of 40 Senators, said if the Constitutional Court ruled that an amendment to Article 68 was unconstitutional, MPs and senators who voted for the amendment, might be regarded as having violated the charter.

He said the parties of the MPs might be dissolved and the senators might be removed from office.

The Constitutional Court decided on Wednesday to proceed with a trial in the complaint against Parliament President Somsak Kiatsuranont and 311 coalition MPs and senators who supported Article 68 amendment.

The proposed amendment seeks to restrict the people’s right to submit petitions to the Constitutional Court via the Office of the Attorney-General only.

Senator Somchai Sawaengkarn, who filed the complaint against Somsak and the 311 parliamentarians, alleged that the amendment would violate the charter as the Constitutional Court had earlier ruled that it had the power to receive complaints from the public directly. Somchai also alleged that the amendment to Article 68 was planned with ulterior motives.

Paiboon said it was expected that the bill would be sent back to Parliament for the second reading in June but he said if the Constitutional Court ruled that the amendment was unconstitutional, the deliberation process must stop.

He said if Constitutional Court rules against the amendment after the bill clears the third reading, the prime minister must not send the bill for a royal command.

If the court rules against the amendment, Article 154 might be invoked to remove MPs and senators who supported the amendment, from office, Paiboon said.

Paiboon said he had learned that civil society groups might also file criminal complaints against the MPs and senators with the National Anti-Corruption Commission.

But Pichit Chuenban, a legal expert of the Pheu Thai, said Constitutional Court judges themselves would face a criminal probe for violating the charter by accepting the complaint against Somsak and the 311 other defendants.

Pichit alleged that the Constitutional Court judges who voted to try the case had violated the defendants’ rights to receive a fair trial by indicating in their decision on Wednesday that the amendment appeared to be wrong.

Pichit said Article 40 guaranteed the rights of defendants to receive fair trial so the Constitutional Court judges apparently violated the article.

Pichit said the court’s decision to proceed with the trial was also tantamount to a violation of the power of the legislative branch that has the authority to enact laws.

Pichit said the Pheu Thai might file complaints against the Constitutional Court judges with the Administrative Court and the courts of justice.

Pheu Thai MP from Ubon Ratchathani, Somkid Chueakong, said he and his colleague Worachai Hema would file a complaint with the police at Thung Song Hong Police Station today against the Constitutional Court for abusing its power. It was interfering in the legislative branch’s power while it should not have accepted to rule in the case filed by Somchai.

The People’s Alliance for Democracy yesterday threatened to rally against the proposed charter changes, saying they were aimed at protecting the vested interests of politicians.

After a meeting of the first and second generation of PAD leaders, spokesman Parnthep Pourpongpan issued a statement opposing the amendment of Articles 68, 111, 190 and 237 of the Constitution.

PAD leader Chamlong Srimuang said the yellow shirts would carefully evaluate the country’s political situation before calling for a protest.

Parnthep said the movement supports the drafters of the 2007 Constitution in asking the National Counter-Corruption Commission to check the government’s Bt2-trillion loan bill.

PAD has assigned its lawyers to consult with academics and legal advisers to seek more legal venues to bring offenders to justice, he said.