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Finance Minister Surapong Suebwonglee, Labour Minister Uraiwan Thienthong and deputy transport minister Anurak Jureemas will be sharing their plight with the Cabinet today over their ministerial status. They are now fighting for their survival.

This follows the Supreme Court's Criminal Tribunal for Political Office Holders' decision to hold a hearing into a corruption case involving the two- and three-digit lottery scheme. The now-defunct Assets Examination Committee (AEC) lodged a criminal suit against 47 Cabinet members from the Thaksin administration, including former prime minister Thaksin himself, for allegedly pushing out the two- and three-digit lottery scheme without the due process of law. The National Counter Corruption Commission (NCCC) is now taking over the role of the AEC as the plaintiff in the case. Surapong, Uraiwan and Anurak were part of the Thaksin Cabinet in 2003 when the lottery scheme was introduced. They will have to defend themselves in court.

The question is whether Surapong, Uraiwan and Anurak should resign from their current ministerial portfolios? It is clear that the three ministers have no intention of stepping down, arguing that the matter involves legal technicalities that still need to be clarified. Surapong would like the Council of State, the country's top legal advisory body, to vet the law first to determine his and his colleagues' ministerial status. Uraiwan has indicated that she would pursue questions of legality, saying that the status of the NCCC is not clear (Thaksin supporters are trying to disqualify the legal status of the NCCC), and besides the Constitution Court might need to come up with the final ruling, she argues.

There was pressure for Surapong, Uraiwan and Anurak to step down on the day the AEC filed the wholesale criminal suit against the entire Thaksin Cabinet because it based its suit on the NCCC law. The NCCC law is pretty tough. Once the NCCC takes up a criminal case against a holder of political office, he or she must suspend duties and focus on the case.

But the three ministers ignored this pressure and tried to buy time by indicating that they would consider their options once the Supreme Court decided on whether it would take up the case or not. Now that the Supreme Court has taken up the case, the three ministers are trying to side-step the issue by arguing that they have been charged with a suit allegedly committed during their time in a past administration - not the present government. Surapong was then serving as information and communications technology minister, while Uraiwan was culture minister and Anurak social welfare minister. Anyone who wants the three to resign could file a complaint with the Constitution Court.

Nonetheless, there is a precedent and a good one. Yongyuth Tiyapairat got a red card from the Election Commission, which accused him of electoral fraud. The Constitution clearly states that once a political office-holder is charged by the EC and the EC brings the case to the Supreme Court, and the court accepts the case, that public office-holder must suspend active duties. Yongyuth's case went to the Supreme Court, who agreed to hold a hearing on the charges against him. Yongyuth immediately stepped down from his position as House Speaker once the Supreme Court made its decision.

The NCCC law also states that once it lodges a corruption suit against a political officer-holder with the court and the court agrees to hold a hearing on the matter, the political officer-holder must suspend active duties. But who would tell Surapong, Uraiwan and Anurak to step down if they don't want to?

The Council of State can only give its opinion on this legal matter, but it is not the final arbiter. The matter will probably have to go to the Constitution Court. But somebody must first file a complaint with the Constitution Court. And it is not necessary for the Constitution Court to agree to deliberate the case because this case involves the NCCC law - not the Constitution. The Constitution Court will only deliberate constitutional matters.

We are in a legal gridlock. But in principle, Surapong, Uraiwan and Anurak should resign. This would help pave the way for Samak to reshuffle the Cabinet and move the country forward.