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The biggest problem with the pardon-Thaksin campaign is not the fact that the ousted leader has not even expressed the slightest remorse or received legal punishment for his conviction in the Ratchadapisek land case. The hostility of the red shirts, it has to be said, is the main reason why neutrals and the anti-Thaksin camp are looking at the petition drive with great suspicion. You can't seek mercy without showing mercy. It's that simple.

On the day the red shirts celebrated Thaksin Shinawatra's 60th birthday, the fugitive claimed he had been meditating and phae metta (sending forgiving, compassionate thoughts) to all his political rivals. This did not prevent the red supporters from declaring on the same day that an all-out anti-government campaign was about to be renewed. And although they did not spell it out, yesterday's gathering for the final push of the petition drive was obviously a stepping-stone for yet another tumultuous fight against the man's political enemies.

Critics call it a ploy to inflame the divisiveness, and we can't blame them. However, that the petition is destined for the royal palace is not the biggest concern. Petitions were a fundamental part of the Thai monarchy's earliest days dating back several hundred years, and if the red shirts want to revive the old tradition in an honest, humble manner, there is not much to criticise them for. His Majesty the King has received numerous petitions since taking the throne. Some were acted upon; others were not.

Have the red shirts been acting in an honest, reconciliatory manner? They will argue that they have been, although their critics have the right to be alarmed by several red-shirt-related incidents and question whether the activists are acting out of respect for HM the King or merely a desire to get Thaksin off legal hooks.

There have been arguments about Thaksin's unrepentant attitude, as he has always been adamant that he has never broken any law and that his legal conviction was simply political persecution. While this may cause an uneasy paradox for the King, since pardoning Thaksin could be tantamount to endorsing the fugitive's relentless attempt to undermine the justice system, it is still within the red shirts' rights to submit the petition. After all, we can easily imagine people in King Ramkhamhaeng's era petitioning the king because they felt that they had been wrongfully treated by the king's men.

The same goes for the argument that Thaksin has yet to receive his punishment. No matter how "wrong" that seems in the eyes of many, the red shirts can seek to formulate a petition to get him pardoned. In the end, it will be up to the King to decide. And again, we can imagine fugitives from persecution by King Ramkhamhaeng's men seeking his help.

The real issue, therefore, is not whether the red shirts have the right to petition, but how they will act after doing so. If the King Ramkhamhaeng arguments are to be applied in favour of the pro-Thaksin petition, we must first acknowledge that it was entirely up to King Ramkhamhaeng which complaints he would act upon.

The difference between then and now is that no petition would have put King Ramkhamhaeng under an international spotlight. This is where the red shirts should demonstrate understanding and sincerity. Any action before, during or after submission of the petition should be taken with great care and appreciation of His Majesty the King's status and situation.

As for Thaksin, surely he will deny he has been behind the petition drive. The red shirts have said they are acting unilaterally out of loyalty to him. However, this doesn't mean Thaksin's behaviour of late cannot be taken into the equation. Has he looked like a man deserving a royal pardon? His supporters will say "Yes", his opponents will say "No", and it will be up to the neutrals what they think of Thaksin's "crimes", his proclaimed innocence and his demonisation of the justice system that convicted him.

Of course, this is a divisive issue. The critics are right about that. But aren't all "petitions" supposed to be controversial and divisive? If a case is a black-and-white issue then a petition is not needed. The red shirts, therefore, are right, but they are only half-right. While they can petition HM the King, they must not seek mercy by resorting to hostility or intimidation.