A legal challenge by the embattled chairman of Thailand’s National Broadcasting and Telecommunications Commission (NBTC), Dr. Sarana, has been dismissed by the court, allowing removal proceedings to continue. The court refused to accept his petition, effectively striking the case from its docket and rejecting his requests for temporary measures to remain in his post.
NBTC Chairman’s Legal Battle
Dr. Sarana had filed a petition seeking to overturn a decision made by the Senate selection committee responsible for NBTC appointments. He aimed to suspend the enforcement of this decision and prevent the matter from being submitted for royal consideration, which is a necessary step for formal removal from office. His legal team also sought to halt the selection process for his replacement.
The core of the dispute centers on Dr. Sarana’s continued professional activities after his appointment to the NBTC in December 2021. The Senate selection committee found him in violation of the Frequency Allocation Act. This act stipulates that NBTC commissioners must not hold positions as employees, contractors, directors, or advisors with state agencies, state enterprises, or local administrative bodies. Commissioners are expected to dedicate their full time to the regulatory body, which offers a substantial remuneration package, with directors earning 360,000 baht monthly and the chairman receiving 450,000 baht.
Evidence of Dual Roles
Evidence presented to the selection committee indicated that Dr. Sarana, a respected cardiologist, continued his practice as a physician at Ramathibodi Hospital, a state agency. He also maintained consulting roles at other hospitals and continued to see patients, citing a professional obligation to their ongoing care.
Dr. Sarana’s legal strategy involved arguing that the selection committee’s decision lacked legal effect until it received royal consideration and a subsequent royal command for his removal. He contended that without this formal royal decree, he should be allowed to continue serving as chairman and that the process to find a successor should be paused.
Court’s Rationale for Dismissal
However, the court’s ruling clarified the legal process. It stated that Section 20 of the relevant law requires a selection committee’s ruling for removal to be submitted for royal consideration to finalize the removal through a royal command. The court emphasized that the selection committee’s decision remains valid and in effect unless and until it is overturned or modified through the proper channels.
By refusing to accept Dr. Sarana’s petition, the court signaled that his argument regarding the pending royal consideration was not a sufficient legal basis to halt the committee’s decision or the subsequent steps in the removal process. Consequently, all of Dr. Sarana’s requests for interim relief—including the suspension of the committee’s ruling, the halt of submission for royal consideration, and the pause on selecting a replacement—were dismissed.
Impact on NBTC Operations
This legal stalemate had significantly disrupted the functioning of the NBTC board. The ongoing uncertainty surrounding the chairmanship led to delays in crucial decisions affecting the telecommunications and broadcast industries. Notably, three out of the seven board members had boycotted the last two board meetings, asserting that Dr. Sarana should no longer preside over them given the circumstances.
With the court’s decision, officials involved in the NBTC appointment and removal processes are now empowered to proceed in accordance with the law. The court indicated that there is no longer a legal impediment to advancing the process under the Frequency Allocation Act, paving the way for the selection committee’s decision to move forward towards its final resolution.
Next Steps in the Removal Process
The dismissal of Dr. Sarana’s petition means the selection committee’s finding of a violation of the Frequency Allocation Act stands. The next procedural step involves submitting this finding for royal consideration. If a royal command is issued for his removal, Dr. Sarana will be formally ousted from his position as NBTC chairman.
The court’s ruling underscores the importance of adhering to the established legal framework for public office appointments and removals in Thailand. It reinforces the principle that individuals holding positions in regulatory bodies must strictly comply with the conflict-of-interest provisions designed to ensure impartiality and full dedication to their public service duties. The resolution of this case is expected to restore stability and allow the NBTC to resume its full operational capacity without further legal obstruction.
