Bangkok: The Administrative Court has clarified the legal issues in the lawsuit filed by Ms. Yingluck Shinawatra and Mr. Anusorn Amornchat against the Prime Minister and nine other defendants. The case originates from Ministry of Finance's Order No. 1351/2559, which demanded Ms. Yingluck pay compensation amounting to 35,717,273,028.23 baht. This administrative order is enforceable by asset seizure and auction without court involvement, in line with Section 12 of the Act on Liability for Torts of Officials B.E. 2539 and Section 57 of the Administrative Procedure Act B.E. 2539, along with Section 63/7 of the amended Act. The case became a legal dispute over an unlawful order by an administrative agency, where the Administrative Court can only revoke the order in question.
According to Thai News Agency, the Supreme Administrative Court found the order partially unlawful and revoked the part demanding Ms. Yingluck pay compensation exceeding 10,028,861,880.83 baht. The court did not order Ms. Yingluck to compensate the nine defendants.
The Supreme Administrative Court reviewed the case on September 12, 2023, with all five judges signing the draft judgment. The President then directed the case to a general assembly of Supreme Administrative Court judges. Judges who had retired could not partake in the assembly, with decisions made by majority vote. As the final judgment was resolved, two retired judges did not sign due to their departure from service. The judgment process adhered to Section 68 and Section 69, paragraph two of the Administrative Court Establishment Act and Administrative Litigation Procedure B.E. 2542.
All Supreme Administrative Court judges in the general assembly are entitled to express dissenting opinions as per Section 67 of the Act. These opinions, along with the names of the dissenting judges, are documented in the judgment.