Meanwhile, the red shirts requested the court to decide within seven days whether to accept the agency’s petition for judicial review.

Officials from the Ombudsman’s Office submitted its petition to the court, seeking a ruling as to whether the second paragraph of Article 61 violates Article 4 of the interim charter’s guarantee of freedom of expression.

The clause in question prohibits dissemination of untrue, provocative, vulgar and aggressive messages through print and electronic media or other channels that could incite unrest.

Article 4 of the provisional charter states that “all human dignity, rights, liberties and equality of the people protected by the constitutional convention, and by international obligations bound by Thailand, shall be protected and upheld by this Constitution”.

Ombudsman’s Office secretary general Raksagecha Chaechai said he expected the court to make its ruling as soon as possible.

Leaders of the red shirts’ United Front for Democracy against Dictatorship (UDD) yesterday also went to the Constitutional Court and asked for a court decision within seven days as to whether to review the Ombudsman’s Office petition.

They also urged the relevant state agencies involved with holding the referendum to wait until the court has its verdict about this case.

[Referendum explained]

UDD chairman Jatuporn Prompan yesterday called on the court to make its verdict as soon as possible. He said if that ruling comes out shortly before the referendum on August 7, it could affect the vote plan.

“If the verdict comes out after August 7, the referendum may be void,” he said, adding that the latest move by the red shirts was not aimed at pressing the court.

He called on the Constitutional Court to make a clear verdict as to whether the referendum can go ahead if the clause in question is constitutional.

Constitutional Court secretary-general Pimol Thampitakpong said yesterday that he would table this petition for the judges’ meeting as soon as possible. However, he was unsure whether the judges would discuss about this matter later this week.

“The judges have been aware of this petition already. But I can’t tell if this matter will be discussed at the judges meeting this week. We will do it as soon as possible,” he said.

The Election Commission is ready to testify before court about the referendum law, EC member Somchai Srisuthiyakorn said yesterday.

The legislation was drafted by the EC.

However, Somchai said the relevant agencies could not postpone the referendum, as suggested by the red shirt, because the law has remained in effect. “We may be sued for dereliction of duty,” he added.

He also said if the court rules that the referendum law is unconstitutional, it must be amended accordingly.