Bangkok: Kham has expressed concern over the Department of Special Investigation (DSI) convening a special case board meeting on February 25th regarding allegations of collusion in the Senate election. The case's designation as a special case by the DSI is viewed as potentially unlawful, as it typically falls under the jurisdiction of the Election Commission. Kham criticized the Minister of Justice for potentially overstepping constitutional boundaries, which he fears could undermine the legislative branch.
According to Thai News Agency, Mr. Karom Polpornklang, a member of the Bhumjaithai Party and a lawyer, shared his legal perspective on the situation. A group of unsuccessful senator candidates submitted a letter to the DSI, alleging collusion in the senator selection process and suggesting it be treated as a special case. Mr. Karom emphasized the gravity and complexity of this legal issue, highlighting that the DSI, established in 2002, was primarily intended to handle criminal cases with economic impacts and complex offenses, rather than constitutional matters.
The Special Investigation Act places the DSI under the Ministry of Justice, a political branch overseen by the Minister of Justice. The department's mandate is to probe criminal cases more intricate than standard ones. However, Mr. Karom argued that it is unlikely to encompass cases related to constitutional issues, which should typically be managed by the Election Commission as per the Organic Act on the Selection of Senators and the Constitution of the Kingdom of Thailand 2017.
Mr. Karom questioned the legality of the DSI's proposed meeting, set to discuss a complaint by an unsuccessful Senate candidate alleging election improprieties. He raised several legal concerns, including the potential overreach of the Justice Minister's authority and the implications of prosecuting senators already certified by the Election Commission. Mr. Karom pointed out that this could lead to a significant disruption in the legislative process, as the DSI's actions might necessitate electing new senators to maintain a functional Senate.
The lawyer further warned that the DSI's involvement in such a case could set a precedent, potentially leading to investigations into other elected officials, thereby expanding the department's power beyond its original mandate. He concluded by questioning whether the DSI's actions, should they lead to the removal of a substantial number of senators, might constitute an abuse of power in violation of the constitution.
Mr. Karom emphasized the importance of this legal issue, suggesting it could serve as a topic for academic research, given its implications for the balance of power between the executive and legislative branches.