The Pheu Thai Party and its coalition partners are considering launching lawsuits and impeachment proceedings against Constitution Court judges for their ruling on the charter amendment changing the makeup of the Senate, a member of Pheu Thai's strategic committee said on Thursday.
Speaking in a press conference, Chusak Sirinin said the ruling party would discuss with coalition partners and senators, as damaged parties from the ruling, about preparations to prosecute five judges on the nine-member panel who ruled the amendment to make the Senate a fully elected chamber violates Section 68 of the constitution.
Section 68 prohibits attempts to overthrow the monarchy and unconstitutional efforts to seize power.
Chusak Sirinin (Bangkok Post file photo)
Following initial discussions, Mr Chusak said, the coalition was considering filing lawsuits against the judges for malfeasance under Section 157 of the Criminal Code.
They would also lodge lese majeste charges - under Section 112 of the Criminal Code - against them for violating His Majesty the King’s royal prerogative power because the Constitution Court accepted the petition questioning the legality of the proposed constitutional amendment despite the fact that the prime minister had submitted the draft to the King for endorsement, Mr Chusak said.
Prime Minister Yingluck Shinawatra submitted the amendment for royal approval on Oct 1. His Majesty the King has 90 days in which to sign it.
On the Democrat Party’s suggestion that the premier submit a petition to the palace asking His Majesty the King to return the draft to the cabinet, Mr Chusak confirmed that there are no provisions in the constitution that will allow the government to do so.
Pheu Thai party-list MP Apiwan Wiriyachai said the proposed impeachment of the Constitution Court judges was currently the party’s resolution. The party would call a meeting of its MPs to seek a resolution on the issue and would later hold talks with coalition parties, he added.