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Constitution Court consulted on PAD rally rights

The Civil Court yesterday decided to take to the Constitution Court the People's Alliance for Democracy (PAD) argument that any injunction granted in a case filed against the group's six leaders would be in violation of their constitutional rights.



Six Education Ministry officials recently filed a civil suit against PAD leaders Chamlong Srimuang, Sondhi Limthongkul, Somsak Kosaisuk, Piphob Dhongchai, Somkiat Pongpaiboon and the group's coordinator Suriyasai Katasila, accusing them of infringing on their rights by holding an unending street rally.

The plaintiffs asked the court to issue an injunction ordering the defendants to stop using loudspeakers between 8am and 4.30pm on weekdays.

The Civil Court yesterday decided there were enough grounds to seek the Constitution Court's opinion on the defendants' argument - submitted on Tuesday - that a court injunction would limit their constitutional rights.

The defendants' lawyer, Suwat Aphaiphak, said the court's decision to refer the matter to the Constitution Court would become a precedent for future cases stemming from public rallies.

However, the plaintiffs' lawyer, Karom Phonthaluang, said: "I have to admit that we, the damaged party, are disappointed. But we are ready to accept any decision made by the court."

The lawyer said he believed the dispute was within the scope of the Civil Court's jurisdiction and that any interpretation by the Constitution Court was unnecessary.

In a similar civil case filed earlier against the PAD leaders, the court had granted an injunction, ordering the defendants to stop their road blockade and refrain from using loudspeakers during school hours. That case was filed by teachers and parents of students at a school near the area where the PAD had "laid siege" on Government House.

The PAD has since moved its rally back to the Makkawan Rangsan Bridge, near the Education Ministry.


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