Court president adamant: decision within court authority

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BANGKOK, June 6 – Thailand’s Constitution Court president on Wednesday reasserted that the court decision to suspend the parliamentary process on a vote on the charter amendment draft is in the public interest and that the decision was made within the court’s authority.

Presiding judge Wasan Soipisut and a team of court spokespersons held a news conference on the public dispute over the court’s authority after it agreed to consider the legality of the draft constitutional amendment and issued an injunction to suspend the process until a court ruling, as it accepted five petitions lodged by a group of senators and Democrat MPs questioning the legality of the draft.

Court president Wasan stood by the panel’s decision, saying the court has the authority to accept complaints under Article 68, considered as a preventive measure as the petitioners claimed the charter amendment will lead to a new form of administration.

Investigation of the accusation must be carried out as the draft amendment allows the whole rewriting of the new constitution.

Mr Wasan explained that if the vote on the draft proceeds, the possible damage incurred could not be later corrected.

The president however noted, at this stage, the court only accepted the complaints and notified the House Speaker of its decision via the secretary-general of Parliament.

Mr Wasan stated if the House Speaker decides to continue the vote on the third reading of the charter amendment draft, it is the responsibility of the Parliament.

Concerning the move to impeach the court judges, Mr Wasan said he was unperturbed by the threat as the people have the right to do so, but he asserted that previous court deliberations were carried out in a discreet manner with precaution in order not to infringe on legislative power.

The court spokesperson said the delayed vote on the draft may interrupt parliamentary work, but it will restore confidence abroad that the exercise of power was legally right in accordance with checks and balances.

The spokesperson said if the hearing begins July 5-6, it will take about one week for the judges to rule on the case.

Hours earlier, Chainarin Kularb-am led members of the Democracy Network Working Group and red shirt supporters rallying outside the Constitution Court.

The group presented a complaint letter to court president Wasan via court officials, urging the court to review its order. The demonstrators booed and jeered, and draped black cloth around the court nameplate in protest against the court decision.

During the rally, all judges reportedly continued their work, amid security provided by the police.

Meanwhile, government chief whip Udomdej Ratanasathien said the parliament president did not put consideration or a vote on the amendment for its third reading on the agenda for Friday’s joint House-Senate meeting. The president will only notify lawmakers about the Constitution Court order which accepted petitions against the bill.

In addition, the Friday joint session of Parliament will also consider proposed frameworks for negotiations with other countries under Section 190 of the constitution.

Mr Udomdej however said MPs could ask for a vote on the bill in its third reading but that it is at the president’s discretion.

The government chief whip said he personally viewed that the president’s decision to put the

bill off the agenda indicated that he might not want to put it for a vote as there are differing views on the issue.

Panthep Puapongpan, spokesperson for the yellow shirt People’s Alliance for Democracy (PAD) movement, announced that the group will rally again if the amendment leads to a structural change in the country’s revered monarchy and grants amnesty to ousted ex-premier Thaksin Shinawatra and his associates.

If the two mentioned conditions are present, the PAD spokesperson asserted, the yellow shirts will mobilise immediately in a mass protest.

Regarding deliberation of the reconciliation bills, key PAD leader Sondhi Limthongkul said the movement is waiting to see the stance of the government and Pheu Thai Party first, but the group will gather immediately once the bills are put on the House agenda.