The first nominee for Supreme Administrative Court president to be rejected by the Senate, Vishnu Varunyou faces an uncertain future at the top court that he first joined over two decades ago.
On April 1, Thai senators voted 158-45 against Vishnu’s nomination by the Administrative Court Judicial Commission as the next Supreme Administrative Court president, in effect barring his appointment.
The panel had in late December decided unanimously in favor of Vishnu – one of the court’s four vice presidents – to replace Vorapot Visrutpich, who will reach the mandatory retirement age of 70 on October 1.
The Administrative Court Judicial Commission is required by law to submit its nomination for Supreme Administrative Court president to the prime minister to seek Senate approval, which is required before the appointment is made official by the King.
The Upper House meeting on whether to endorse Vishnu’s nomination was held behind closed doors, with no details of the debate made public.
However, it is understood that many senators made their decision based on findings by a senatorial committee set up to check Vishnu’s background.
The panel refused to release its findings to the public, arguing that individuals and state agencies who provided information should be protected from possible consequences of doing so.
Denying allegations
Critics have linked Vishnu to Piyabutr Saengkanokkul, the former secretary general of the dissolved Future Forward Party who has campaigned for substantial changes to the lese majeste law.
They claim the pair were so close that Vishnu presided over Piyabutr’s marriage in 2016.
In September 2020, Vishnu reportedly posted a link on Facebook to a report about the demolition of the Si Sao Thewet residence of former Privy Council president General Prem Tinsulanonda following his death, with the caption: “Oh, wow! How dare they knock down the historical site that was the home of a national dinosaur.”
The Facebook post was later deleted.
Vishnu, 66, defended himself against the allegations in a letter sent to Senate members in mid-March, according to Isra News, citing a source in the Upper House.
In his letter, the senior judge said that he joined Piyabutr’s wedding ceremony as his former teacher, not for political reasons.
He noted that Piyabutr’s wedding was held while his ex-student was teaching law at Thammasat University before entering politics.
He said he had not met with Piyabutr since the latter founded a political party (Future Forward) in March 2018.
Addressing the claim that he had insulted Prem, Vishnu said the Facebook post was a sarcastic jibe at protesters who had surrounded the late Privy Council president’s house in 2007, and did not target Prem himself.
Vishnu’s supporters, unhappy with the rejection of his nomination, accused the Senate of unfair treatment. Former Thammasat University rector Prof Charnvit Kasetsiri complained Vishnu had fallen victim to “injustice and fake news from rulers of the Siamese state”.
Existing options
The court’s commission, which is chaired by the incumbent Supreme Administrative Court president, has made no further move in response to the Senate’s rejection of its nomination.
According to analysts, the panel has three options in the matter.
First, it could reaffirm its nomination of Vishnu for the Senate to vote again. Second, it could nominate someone new from the three remaining vice presidents of the court. Third, it could wait until the current Senate completes its term in May and then renominate Vishnu for the new batch of senators to consider.
Former scholar
Born on May 30, 1957, Vishnu obtained a bachelor’s degree in law from Thammasat University.
He won a scholarship from the French government to further his studies in France, where he earned a doctorate in law from the University of Paris 2.
Vishnu also received a higher university diploma (Constitutional Law) and a diploma of advanced studies (public law) from the same university.
Moreover, he received a higher diploma in French studies from the University of Grenoble in France, and an international diploma in public administration from France’s Ecole Nationale d’Administration (National School of Administration).
He began his teaching career at Thammasat University’s Faculty of Law, where he rose to become an associate professor, head of the faculty’s Public Law Department, and assistant rector of the university.
Vishnu was appointed as a judge at the Central Administrative Court in February 2001 – just over a year after the court was established in October 1999.
He became a justice of the Supreme Administrative Court in May 2008 and gradually climbed the ranks to become its vice president in January 2017.
By Thai PBS World’s Political Desk
