The National Anti-Corruption Commission (NACC) said on Friday that its decision to forward a case against 44 former Move Forward Party MPs who supported a proposal to amend the lese-majeste law was based on their actions and conduct in pursuing the initiative.
NACC secretary-general Surapong Intarathawon said the case focused on how the accused acted and expressed themselves during the process, including whether their behaviour met the ethical standards expected of public office holders, rather than their constitutional right to propose legal changes.
He was responding to questions about the NACC’s petition seeking lifetime political bans for the accused, 10 of whom are still serving as MPs for the People’s Party, the successor of the now-dissolved Move Forward Party.
The anti-graft body submitted the case files to the Supreme Court on Thursday.
Addressing questions over the timing of the decision to submit the case, Mr Surapong said it was not intentional, noting that the process had been delayed by repeated petitions from the accused seeking fairness during the inquiry.
Critics said the timing coincided with the government’s delivery of its policy statement to parliament and warned that, if the case is accepted, it could affect MPs in the performance of their duties.
“The court will examine the petition before deciding whether to accept it for consideration, including whether to order the suspension of the 10 individuals (still serving) from performing their duties,” Mr Surapong said.
The case dates back to 2021, when Pita Limjaroenrat, then leader of the Move Forward Party, led 44 MPs in proposing amendments to Section 112 of the Criminal Code — the lese-majeste law.
The petition followed a Constitutional Court ruling on Jan 31, 2024, which said the party’s attempt to amend Section 112 amounted to an effort to undermine the constitutional monarchy.
One day after the Feb 8 general election this year, the NACC found the 44 accused guilty, stating that their actions could diminish protections for the monarchy through the legislative process, which could cause serious harm to the nation.
The constitutional right of members of Parliament to propose legislation is expected to be a key element of the defence by the former and current MPs if the Supreme Court decides to take up the case.