Prime Minister Prayut Chan-o-cha is not obliged to ask the Constitutional Court to interpret a draft organic law on criminal procedures for holders of political positions at the request of the Pheu Thai Party, Deputy Prime Minister Wissanu Krea-ngam said.
The bill, currently awaiting royal endorsement after the National Legislative Assembly (NLA) approved it on July 13, has drawn opposition from party members as it allows office-holders to be tried in the Supreme Court in absentia, with an infinite statute of limitations imposed in cases involving defendants on the run.
The Constitution Drafting Committee (CDC), which drafted the organic bill, has technically been given until Friday to decide whether to oppose any section of the bill after it was deliberated by the NLA. However, the CDC has said it will leave the bill be.
After Friday, Prime Minister Prayut Chan-o-cha is duty-bound to forward the organic bill to His Majesty the King for endorsement.
However, the premier is authorised to put the bill to the Constitutional Court for interpretation if he feels any of its content is in conflict with the charter.
Anusorn Iamsa-ard, acting deputy spokesman of the Pheu Thai Party, yesterday petitioned the prime minister to table the bill before the charter court as it might contravene the constitution.
The party has been critical of several points in the bill, particularly the trial-in-absentia clause which it insisted goes against the rule of law.
Mr Wissanu said the party may ask Gen Prayut to refer the organic bill to the charter court but it is up the prime minister whether to consider the petition.
"He doesn't have to do it (forward the bill to the charter court) if he doesn't feel it matters," Mr Wissanu said.