Former Department of Special Investigation (DSI) chief Tarit Pengdit has petitioned the Supreme Court to ask the Constitutional Court to rule on the constitutionality of Section 157 and Section 200 of the Criminal Code, under which he has been indicted for malfeasance.
The move comes ahead of the Supreme Court's ruling on Monday in a case connected with the political violence of 2010.
The malfeasance suit was brought against him by former prime minister Abhisit Vejjajiva and former deputy prime minister Suthep Thaugsuban who were in charge of the now-defunct Centre for Resolution of the Emergency Situation when handling anti-government protests in 2010.
The DSI under Mr Tarit brought murder charges against Mr Abhisit and Mr Suthep for ordering the crackdown on red-shirt protesters. After the two were later acquitted by the Supreme Court, they filed a malfeasance suit against Mr Tarit and others for unfairly pursuing the murder charges.
The Criminal Court dismissed the malfeasance case, but the Appeal Court then reversed the lower court's ruling, sentencing Mr Tarit to two years in prison. The Supreme Court will hand down its ruling on Monday after having postponed the ruling hearing eight times.
Appearing before the press on Saturday, Mr Tarit said he is prepared to go to jail if he is found guilty, but pointed out that a malfeasance case like this one will discourage state officials from doing their jobs.
He said he petitioned the Supreme Court last week and urged the court to provide justice to the victims of the political violence as well as the state officials like himself who were doing their jobs.
The former DSI chief also urged the new government to set up an independent committee to look into the 2010 crackdown on red-shirt protesters.
He claimed that before the 2014 coup, he was summonsed to a military camp and told not to pursue the case or he would face a transfer if a coup was staged. He was transferred within 24 hours of the coup.
Ramet Rattanachaweng, acting Democrat spokesman, on Saturday slammed Mr Tarit for twisting facts and undermining the justice system.
He said Mr Abhisit and Mr Suthep were already cleared of wrongdoing by the Supreme Court and the National Anti Corruption Commission (NACC).
He said Mr Tarit admitted to unlawfully pursuing the charges against Mr Abhisit and Mr Suthep.
"He should respect the legal process and fight the case in court. Don't be embarrassed to face the truth or this matter will never come to an end," he said.
