Piyabutr, a law professor, called the party’s action “sheepish and submissive”, saying that the court did not order the removal.
In his Facebook post on Friday, Piyabutr wrote that the court had ordered Move Forward and its former leader Pita Limjaroenrat to stop campaigning for the abolition of Article 112, also known as the lese majeste law, of the Criminal Code. The court prohibited seeking amendments to the clause through “any illegitimate legal procedure”.
The law expert said the second point of the ruling could imply that amendments should not involve removing the clause from the national security chapter, allowing out-of-court settlement, setting grounds for exemption from punishment, or requiring that only the Royal Household Bureau file complaints against violators of the law.
Those changes are included in Move Forward’s draft bill to amend Article 112.
“Where in the verdict did the court order the policy [involving lese majeste law] to be removed from the website? My view is that even if you remove it all, the court can still order disbandment [of the party] if they want,” Piyabutr said.
“Why are you so sheepish and submissive? The verdict did not order you to remove it. Now that you did it, then what? The court order was already issued,” his Facebook post read.
Piyabutr said that Move Forward would still face a threat of disbandment if it resumed campaigning against the lese majeste law, “except that you let them know you are ready to be good children of this system”.
He said the party should now focus on finding ways to protect the principle of liberty instead of restricting its freedom by itself.
Move Forward leader Chaithawat Tulathon said on Thursday that the party’s policy statement on the lese majeste law was removed from its website on the suggestion of the party’s legal experts. He said that the court verdict on Wednesday also mentioned the presence of such a policy on the party’s website.
On Wednesday, the Constitutional Court ruled that Move Forward’s policy and election promise to amend Article 112 was an attempt to overthrow Thailand’s constitutional monarchy. The court ordered the party to cease all attempts to abolish or amend the lese majeste law, saying that its constant campaigning on the issue would undermine the Thai monarchy and was deemed an attempt to overthrow the country’s constitutional monarchy as per Article 49 of the Constitution.
Piyabutr served as secretary-general of the now-defunct Future Forward Party, Move Forward’s previous incarnation. A court order disbanded Future Forward in early 2020 for illegal political donations.
He is now secretary-general of the Progressive Movement, a group run by former Future Forward executives who are banned from politics after its disbandment.
Piyabutr, who helped with Move Forward’s campaigning in the run-up to last year’s general election, still commands much respect among the party’s politicians. He has occasionally criticised the party’s political moves.
His previous criticism of Move Forward came just days before the Constitutional Court was to issue its verdict in the latest case against the party.
Piyabutr accused the party of faltering in its commitment to amend Article 112 ahead of the court verdict. He said Article 112 was not mentioned when Move Forward’s plan was announced last week to help transform Thailand into a “complete democracy”.