How to end a rally?

The government's talk of using Article 68 of the constitution to disperse the rally of the People's Alliance for Democracy has raised the eyebrows of legal experts and been shrugged off by the protesters. The article forbids attempts to overthrow democracy.

PM's Office Minister Chusak Sirinil, a legal expert of the People Power party (PPP), expressed confidence the constitutional provision would provide a legal basis for police to deal with the PAD demonstration.

Article 68 says a person is prohibited from using the rights and liberties provided in the constitution to overthrow democratic rule with the King as head of state, or to acquire power to rule the country by means other than is provided for in the charter.

Witnesses to people acting as such have the right to report the matter to the attorney-general, who can investigate and request the Constitution Court to order the cessation of such activities.

The PAD, however, dismissed the government's latest tactic.

Suriyasai Katasila, one of the PAD leaders, said Mr Chusak was showing a lack of knowledge about the issue.

He said the PAD was trying to protect the constitution.

It was the PPP that had tried to get rid of the charter and its provisions by pressing for change through the parliamentary process.

Other legal experts, including former charter writers, were surprised at the government's new plan.

Komsan Phokong, a charter drafter and a Thammasat University law lecturer, did not view the PAD rally as an attempt to overthrow democratic rule.

The rally is demanding the ouster of the government and anyone can mount such a protest, he said.

"Overthrow under this article means setting up a communist party or preparing a coup. The article is not applicable to the PAD rally," Mr Komsan added.

Two other charter drafters Chuchai Supawong and Seree Suwannapanon echoed his view, that the PAD was exercising its right under the constitution to express its opposition to the government.

"From my perspective, the rally by the PAD is not aimed at overthrowing democracy," Mr Seree said.

The PAD began its rally on May 25 at the Democracy Monument in protest against the People Power party (PPP)led attempt to amend the constitution. It also demands the impeachment of all MPs and senators who signed up to support the motion.

Last Friday, the motion for the charter amendment was withdrawn by the PPP in a bid to defuse the political crisis.

The PAD has now raised its campaign to a new level, trying to force the government, which it calls a puppet administration, from office. The rally site is now at Makkhawan Rangsan bridge.

The PAD said last night it would send 500 demonstrators to the houses of Prime Minister Samak Sundaravej, Interior Minister Chalerm Yubamrung, the Department of Special Investigation and the Office of the Attorney-General tomorrow to pressure them not to interfere in the court procedures in all the corruption cases involving Thaksin Shinawatra.

The PAD core leaders are insisting that their right to hold rallies is protected by the constitution. But police claim the protests have blocked traffic and inconvenienced motorists and school children.

Interior Minister Chalerm repeated his calls for the PAD demonstrators to move elsewhere to ease the traffic jams around the protest site.

He also challenged PAD leaders such as Sondhi Limthongkul and Mr Suriyasai to form a political party if they were so confident that the public supports them. "If Mr Sondhi and Mr Suriyasai are confident they are doing the right thing, they'd better form a political party, with Mr Sondhi as leader and Mr Suriyasai as the secretary-general, and then work out a policy to compete against the PPP," Mr Chalerm said.

PAD leader Somsak Kosaisuk said the demonstrators would remain at the protest site for at least another seven days but would try to avoid causing problems for teachers and students at schools.

The PAD had planned to stop blocking traffic during rush hours in the morning and afternoon yesterday, to allow teachers and students to pass the rally site to get to schools. The road was opened in the morning, but PAD leaders later changed their minds and closed it.

Maj-Gen Chamlong Srimuang, and Pibhop Dhongchai, two of the PAD leaders, said the group decided to block a traffic lane running along the Phadung Krung Kasem canal behind its stage for security reasons after it was opened temporarily to traffic from 6am to 9am yesterday.

Protesters feared that unblocking the road could leave them vulnerable to assault from anti-PAD groups as no officers had been sent in to police the area, they said.

Pol Maj-Gen Panu Kerdlarppol, deputy city police chief, said the rally has blocked Ratchadamnoen avenue, which is a main route.

Police had tried to ask the PAD to help ease the traffic flow, even though they said it is clear that the protesters are violating traffic laws.