Pheu Thai Party core member Chaturon Chaisang has said he is considering adding abuse of power to lawsuits against state agencies for revoking his passports after the Supreme Administrative Court on Tuesday upheld a lower court's ruling to reinstate them.
The court also rejected a petition by fugitive former prime minister Thaksin Shinawatra requesting that his passports be reinstated.
In both cases, the court was upholding earlier rulings by the Central Administrative Court.
In Mr Chaturon's case, the lower court ruled in 2017 that three passports he once held be reinstated.
The ex-Pheu Thai MP had filed a number of lawsuits earlier -- against the Foreign Ministry, its minister and permanent secretary; against the Consular Affairs Department and its director-general; and against the Royal Thai Police and its chief -- for revoking his passports on the grounds that he was banned from leaving the country while facing charges.
The charges were failing to report to the National Council for Peace and Order (NCPO), and sedition after he made Facebook posts critical of the impeachment of politicians that undermined the separation of powers, the court said.
He was granted bail on condition he sought permission from both the court and the regime to travel abroad, which he did, the court said.
He was subsequently authorised by the court and the NCPO to go to China, Japan and Germany. Each time, he returned according to the agreed schedule and showed no sign of attempting to flee or avoid trial, according to the court.
The revocation of his three passports could not be justified, especially when compared to the impact it would have on his fundamental rights as a Thai citizen to have and use a passport, the court added.
Mr Chaturon said Tuesday the ruling should inform relevant agencies and the government that they should not abuse their power by curtailing a person's right to express his or her political views. Also, the reason cited for taking away his passports -- that the country was in a vulnerable situation security-wise that could be aggravated by his comments on social media -- could not be justified.
In a Thai-language tweet late Tuesday, Mr Chaturon said he is "glad to have my passports back but under my human rights I should not have lost them even for one second.
ผมรู้สึกดีใจที่ได้หนังสือเดินทางกลับคืนมา แต่ยิ่งกว่านั้นคือการได้สิทธิของความเป็นพลเมืองไทยและสิทธิแห่งความเป็นมนุษย์ที่ไม่ควรต้องสูญเสียไปแม้แต่วินาทีเดียวกลับคืน ตามรายละเอียดได้ที่ https://t.co/L6d4mUBzQP#จาตุรนต์ #chaturon #สิทธิเสรีภาพ #ศักดิ์ศรีความเป็นมนุษย์ #เพื่อไทย
— Chaturon/จาตุรนต์ (@chaturon) May 1, 2018
He is now considering suing the agencies responsible for revoking his passports for abuse of power, he said, adding he will make a decision after the poll expected in February.
Political sources said Mr Chaturon might feel he would have a better chance of winning a legal battle after the poll when the NCPO is no longer in power.
Foreign Minister Don Pramudwinai said the ministry respects and will adhere to the court's decision and will return the passports to Mr Chaturon.
When asked if the ministry was worried by the prospect of being sued, Mr Don said: "The case has ended and we should keep it that way."
Meanwhile, the Supreme Administrative Court on Tuesday upheld a 2016 ruling by the Central Administrative Court dismissing a lawsuit filed by Thaksin after the government revoked his two regular Thai passports.
In the suit, the fugitive ex-premier accused the chief of the Department of Consular Affairs and the permanent secretary for foreign affairs of revoking the passports illegally on May 26, 2015.
The ministry cancelled Thaksin's passports following media interviews he gave in South Korea. The interviews were deemed "inappropriate" by officials who claimed Thaksin's comments undermined national security and dignity.
