Court insists it can handle anti-charter rewrite petition

Court insists it can handle anti-charter rewrite petition

The Constitution Court has insisted it has the authority to consider a petition against the rewrite of the charter's Section 68 after being accused of interfering with the legislative power.

Constitution Court spokesman Pimol Thampitakpong yesterday said the court would proceed with the request of Senator Somchai Sawaengkarn, who asked the court earlier this month to rule on the legality of the move by MPs and senators to amend Section 68 of the charter.

Section 68 allows people to complain directly with the court over acts deemed harmful to the constitutional monarchy. The amendment would require complaints to be first made with public prosecutors, an act viewed by Mr Somchai as depriving the public of their right to raise the issue with the court. The court accepted the case for consideration on April 3.

Pheu Thai MPs and senators backing the charter amendment on Thursday issued a statement denouncing the court's decision to accept the case.

Pheu Thai MP for Chiang Rai Samat Kaeomichai yesterday said a legal team is now obtaining evidence to sue the court over its alleged abuse of power, while MPs and senators will sign their names in a move to impeach the Constitution Court judges, Mr Samat said. "We do not want to raise war against the court or be hostile toward it," he said, reasoning that the move comes out of a need to protect the balance of the administrative, legislative and judicial powers.

Court spokesman Mr Pimol, however, shrugged off the move. He said the MPs and senators who voted for the amendment bills early this month had the right to counter Sen Somchai's petition within 15 days. However, as the deadline has passed, the court now has to continue its consideration of the case.

Meanwhile, Sen Somjet Boonthanom yesterday lodged another complaint with the Constitution Court against 312 MPs and senators who signed their names in support of changing Section 68s and 237.

Sen Somjet said the amendment of Section 68 would do away with the people's right to directly lodge a complaint with the court.

He also asked the court to halt the process to amend Section 237 which states that infringements of the electoral law by party candidates can result in a party's dissolution and a political ban for other party executives.

Sen Somchai called on the court to dissolve the party of the MPs who signed their names to support the changes to the two sections.

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