District Court refuses to accept civil suit against State to abolish ‘08 constitution
Dekkhinathiri District Court in Nay Pyi Taw did not accept the lawsuit filed by a group of former MPs against the State to abolish the 2008 constitution, the group’s legal adviser U Aung Thura told the media on Tuesday.
When the group’s 15 members, who were elected to the Pyithu Hluttaw in 1990, filed the suit, Dekkhinathiri District Court Judge U Myat Htin Kyaw wrote in a remark, “The case which the complainants would like to open does not fall within the jurisdiction of this court; thus the written statement was returned,” said U Aung Thura.
“It is not like the court dismissed our case. If dismissed, we could appeal at different levels of courts. But the proposal was returned because they have no authority over it. It is like saying, ‘File the suit in another court’,” he added.
Court spokesperson U Than Lwin said the courts have no jurisdiction over a lawsuit to abolish the 2008 constitution, said U Aung Thura.
“ We have to apply to the Union Supreme Court. But we may have to submit it first to Regional Court for rectification,” he said.
From the plaintiff’s point of view, he felt sorry to see the current situation of the courts, he said, adding that the courts must have justice, equality and a good reputation.
“Every civil lawsuit has a denial. Based on that denial, we can go to different levels. For example, if there is a denial whether it is true that the court has no jurisdiction over this case, then there will be a wide discussion, there will be transparency and we will have a wide-scope order from the court. With only a brief remark now, the path that we can travel is very narrow,” he said.
The secretary of the group, U David Hla Myint, told The Myanmar Times the courts may not be in a position to judge the case.
“We will apply to the Union Supreme Court. As a constitution-related judgment, it is too heavy a responsibility for [the district court] to take,” he said.
When the 2008 constitution was approved, the national population was different than it was in the 2014 census, he said, and this discrepancy is the basis of their lawsuit.
The main point of their lawsuit is that the population was said to be 57 million when the 2008 constitution was approved but was just 51 million according to the 2014 census – a gap of more than 6 million. Therefore, the 2008 constitution was based on the wrong numbers, in violation of the Contract Act.
Translation by Zaw Nyunt
For more details : http://www.mmtimes.com/index.php/national-news/nay-pyi-taw/26876-district-court-refuses-to-accept-civil-suit-against-state-to-abolish-08-constitution.html