The removal of Thawil Pliensri from the position of National Security Council (NSC) secretary-general was fully compliant with the law, caretaker Prime Minister Yingluck Shinawatra said on Thursday, rejecting a court finding it was unjustified and illegal.
The nine judges of the Constitutional Court on Wednesday unanimously accepted for consideration a petition filed by 28 senators arguing that Ms Yingluck's order for Mr Thawil's removal on Sept 30, 2011 was in violation of sections 182 (7) and 268 of the charter, and gave her 15 days to defend herself.
The senators argue he was replaced to make way for the appointment of Ms Yingluck's close relative as national police chief.
Last week, the caretaker cabinet approved the return of Mr Thawil as secretary-general of the NSC after the Supreme Administrative Court supported his lawsuit for unfair dismissal and ordered his reinstatement .
"I hope the Constitutional Court will apply the same standard as it would in similar cases in the past.
"I ask that everything should be done within the legal framework because Mr Thawil was removed in accordance with legal procedures," Ms Yingluck told reporters. "If the same standard is used, then society will accept the consequences."
She declined to comment when asked about comments that independent agencies were "trying to quickly prosecute her".
She did again protest that the National Anti-Corruption Commission (NACC) was giving her less time to defend herself against corruption allegations in connection with the government's controversial rice mortgage scheme, and its decision to reduce the number of witnesses testifying on her behalf from 11 to just three.
Mr Banharn and Ms Yingluck visit Bueng Chawak Aquarium in Suphan Buri on Thursday, April 3, 2014. (Photo by Chanat Katanyu)
"I don't want to think that the independent agencies are trying to hamper my work, but the people can decide on this issue themselves.
"I ask everyone to follow His Majesty the King's speech, that all sides should perform their duty within their responsibilities. If this is done, there will be peace and equality in the country," the premier said.
A senior member of the prime minister's Pheu Thai Party, Sanoh Thienthong, has suggested that Ms Yingluck should take a political break, but Ms Yingluck responded that she now wanted to see all sides prepared for a general election, and then she will ask the general public about it.
Chartthaipattana Party chief adviser Banharn Silpa-archa, who welcomed Ms Yingluck to his home province of Suphan Buri on Thursday morning, said the Constitutional Court will decide the future of the political crisis in Thailand.
"I feel for Ms Yingluck, who's facing a crisis at this time and I don't think there's a way out for the country," the 82-year-old politician and former premier told reporters.
Asked for the solution to the country's crisis, he replied, "Go ask the Constitutional Court."
Anuwat Tinarat, core member of the red-shirt United Front for Democracy against Dictatorship (UDD), said a pro-government rally will be held on Aksa Road in Bangkok's Phuthamonthon area on April 5.
"People will join Saturday's rally to show that they do not accept various independent agencies' efforts to quickly remove caretaker Prime Minister Yingluck Shinawatra and her government," Mr Anuwat said.
Suthep Thaugsuban, secretary-general of the People’s Democratic Reform Committee (PDRC), said anti-government protesters will hold a major rally the day the charter court rules on Ms Yingluck's case over the removal of Mr Thawil.
"I cannot comment on the opinion of the Constitutional Court judges, but if you ask me, I believe that Ms Yingluck is certainly guilty because Mr Thawil did nothing wrong as the NSC chief.
"The premier wanted her relative to become national police chief so she kicked Mr Thawil out and transferred the then police chief to head the NSC," said Mr Suthep.
If it upholds the charges against her, the charter court could rule for the removal of Ms Yuingluck as prime minister, and also for the removal of the entire caretaker cabinet, if the court rules them complicit in the decision.
This would leave Thailand without a functioning government.