11 July 2024

In a precedent-setting decision, the general assembly of Supreme Court judges has ruled, by a majority vote, that the National Anti-Corruption Commission (NACC) is not immune from litigation and can be sued.

The judges’ general assembly decided by 142 votes to 28 that the NACC is an organization set up under normal circumstances and, hence, is not immune to lawsuits.

An informed Supreme Court source said that the Court’s president, Cheep Chulamont, decided to convene a general assembly of Supreme Court judges on July 10th to consider an argument, by two assistant judges in a Supreme Court panel, that the NACC, a charter-mandated independent organization, is not immune to litigation and, therefore, can be sued in the courts.

The issue was referred to the Supreme Court president for consideration and, hence, the general assembly of Supreme Court judges, to set a precedent on the issue.

The NACC has come under heavy criticism, especially from the Pheu Thai party, for being biased against the party and being a tool of the military junta. Several key party figures, including former prime minister Yingluck Shinawatra and ex-prime minister Thaksin, were faulted by the NACC before their cases reached the Constitutional Court.