Veteran lawyer Karpal Singh said attorney-general Abdul Gani Patail had not given him the fiat to prosecute lawyer VK Lingam over a controversial video clip.

azlan He said, he received a letter from Abdul Gani yesterday that he was unable to issue it under section 379 of the Criminal Procedure Code (CPC).

"The argument of the attorney-general in not being able to provide or issue a fiat to me under Section 379 relates to conduct of a criminal prosecution.

“It does not provide for the institution of a criminal prosecution," he said in a statement today.

(Fiat is a short order or warrant of a judge or magistrate directing some act to be done)

AG told to institute criminal proceedings

Karpal said the institution of a criminal prosecution was provided under Article 145 (3) of the Federal Constitution, read with Section 376 (1) of the CPC.

He said the AG's argument was purely legalistic and that there was sufficient material in the recommendations of the royal commission to institute criminal proceedings against Lingam who was allegedly brokering the appointment of judges in the video clip.

Karpal asked Abdul Gani to review his position and institute criminal proceedings against Lingam and allow him to prosecute if the AG or his officials would not do so.

- Bernama