The Move Forward Party (MFP) could face dissolution after the Constitutional Court on Wednesday ruled that its push for an amendment to the lese majeste law is an attempt to overthrow the constitutional monarchy.
The court on Wednesday ordered the MFP to cease all attempts to amend Section 112 of the Criminal Code, also known as the lese majeste law. It said campaigning on the issue is considered an attempt to end the constitutional democracy with the King as head of state in violation of Section 49 of the constitution. The section prohibits people from using their rights and freedoms to overthrow the monarchy.
The petition was filed by Theerayut Suwankesorn, a lawyer known for his defence of Suwit Thongprasert, an ex-activist monk formerly known as Phra Buddha Isara. Mr Theerayut claims the MFP's election campaign for last year's May polls, which pushed for an amendment to Section 112, breached Section 49 of the constitution. The petition was directed against the party and Pita Limjaroenrat, who was then MFP leader. However, Mr Theerayut said the petition did not seek to dissolve the party. It only wanted the party to stop trying to amend Section 112.
In its ruling, the court said Mr Pita and the party tried to either change or revoke Section 112 when its 44 MPs submitted a bill to amend Section 112 on March 25, 2021. The court said the bill seeking to amend the section was part of the MFP's election campaign last year. Such a policy campaign was intended to bring the monarchy into conflict with the people, the court said.
The court said the plan to amend the royal defamation law showed "an intent to separate the monarchy from the Thai nation, which is significantly dangerous to the security of the state".
"The election campaign calling for an amendment to the section shows the accused [the MFP and Mr Pita] have an intention to subvert the monarchy," the court said.
The court ordered both the MFP and Mr Pita to cease their actions, expressing opinions, speaking, writing, publishing, advertising and conveying messages by any means in pursuit of amending Section 112. The court also prohibited them from amending the section through a non-legislative process. People are free to disagree, but people who use abusive and malicious language against the court will face legal penalties, including fines and jail terms, the court warned.
No ill intention
Speaking after the ruling, MFP leader Chaithawat Tulathon said the party has no ill intentions against the monarchy as described by the court. While the party accepted the ruling, Mr Chaithawat said society would lose an opportunity to use the parliamentary system to find solutions to conflicts.
"We are also concerned the ruling would have an impact on relations between the legislative branch and the Constitutional Court in the future," Mr Chaithawat said.
Possible dissolution?
While the court did not prescribe any punishments for Move Forward, some have suggested the ruling could set the stage for a move to seek the dissolution of the party and political bans for its leader.
Political activist Ruangkrai Leekitwattana said he will ask the Election Commission on Thursday to reconsider his petition calling for the MFP's dissolution in connection with its Section 112 campaign policy after the EC previously dismissed it as groundless and no reason for dissolution.
"The court has delivered the ruling. The EC cannot afford to sit idly by. The court's ruling is binding on all agencies. The EC must revive my petition and use it as a basis [to pursue a dissolution case against the MFP]," Mr Ruangkrai said.
Wanwichit Boonprong, a lecturer at Rangsit University's faculty of political science, said he believed the MFP is unlikely to survive a dissolution case if the EC decides to forward the case to the court.
Under Section 92 of the political party law, if the court finds any party guilty of violating Section 49 of the constitution, the EC will gather evidence and petition the court to consider dissolving that party and banning its executives from applying to run in elections for 10 years.