Charter writers file case against govt
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Cites violation of fiscal and budgetary discipline in petition filed with NACC
Charter writers of the 2007 Constitution led by Manit Suksomchit have filed a complaint with the National Anti-Corruption Commission (NACC), accusing Prime Minister Yingluck Shinawatra and her Cabinet of violating Article 157 of the criminal law for abuse of authority in connection with its Bt2-trillion loan bill.
In their petition filed with the NACC, the charter drafters said the Cabinet has abused authority by violating fiscal and budgetary discipline as stipulated in Article 169 and Articles 166-170.
According to the law, loans borrowed by the government or the Finance Ministry are regarded as revenues which must be deposited with the Bank of Thailand’s treasury reserves account and must be spent in accordance with budgetary regulations, they said.
They also referred to the law that budgetary procedures should begin with a state agency submitting project details to seek fund approval to its supervising agencies. Stakeholders or concerned state agencies can object or suspend projects.
Furthermore, they cited the law that only state spending which addresses urgent situations such as war or disasters, budget transfers between agencies, or – in cases of internal security – public safety and economic stability, is exempt from having to comply with the fiscal rules, treasury reserves and budgetary discipline.
That the Cabinet had resolved to draft an Act to borrow the money reflected that this was not an urgent situation, said the complainants. Projects and strategic plans as indicated in the draft bill would be operating in a normal situation and would tie down several years of fiscal budget.
There are no grounds for the loan bill to be designed as an off-budget expenditure, they said.
“Every Constitution stipulates that state spending must strictly adhere to the budgetary regulations, because the highest law aims to ensure that taxpayers’ money is spent with transparency and without corruption,” the charter drafters said.
Therefore, the group said, the Cabinet must have known the bill was illegal but nevertheless approved it, and committed a further offence by tabling the bill for Parliament’s approval.
They added that the government had proposed a law that would create a Bt2-trillion debt that must be paid in 50 years but had not provided project details, only two pages of so-called strategic plans that do not guarantee the projects’ success. This was a grave offence against the country and people, they said.
The 2007 charter writers have also asked, via the NACC, that the Supreme Court’s Criminal Division for Political Office Holder impose an injunction to block the enactment of the loan bill pending completion of the judicial review.
Besides Manit, other petitioners included Kiatichai Pongpanit, Assoc Professor Chirmsak Pinthong, Krissada Haiwattananukul, Kannikar Banthernchit, Komsan Phokong, Prof Charoengsak Rojritpichet, Dr Chuchai Supawong, Pannarai Saengwichian, Somkiat Rodcharoen, Somyos Somwiwatchai and Sunthorn Chantarangsi.
