I refer to the Malaysiakini report Karpal: Lingam should be charged for sedition, at least . Karpal Singh may be right in calling for VK Lingam to be charged under the Sedition Act 1948.

Lingam’s conversation with former Chief Justice Ahmad Fairuz in the infamous video clip taken together his association with previous chief justice Euzoff Chin whom he influenced in the manipulation of the justice system to obtain favourable judgments for his clients would fall within the meaning of seditious tendency under the Act.

Section 3(1) (c) of the Act defines seditious tendency as, among others, ‘to bring into hatred or contempt or disaffection against the administration of justice in Malaysia or in any State’.

Section 4 of the same Act provides for such acts of seditious tendency an offence and on conviction, liability to a fine not exceeding RM5,000 or to imprisonment not exceeding three years.

The conduct of VK Lingam certainly has brought hatred and contempt against the administration of justice in Malaysia.

The question to ask is whether our enforcement agencies have the integrity and impartiality to conduct an honest, independent and credible investigation of not only Lingam but also of other high-ranking personalities identified and referred by the royal commission into the Lingam tape affair.

Of late, the integrity of these agencies have been called into question. Public faith in the administration of justice, including the investigatory and prosecutorial agencies, remains seriously undermined.

The rot could have been averted if former Prime Minister Dr Mahathir Mohamad had taken action for the removal of Eusoff Chin under article 125 of the constitution when the New Zealand holiday photos were brought to his attention in 1998.

Instead, subsequent events showed that he used Eusoff Chin, Ahmad Fairuz and other subservient judges to do his bidding. He rewarded these judges by leapfrog promotions to the court of appeal and federal court. Lingam continues to remain his personal counsel.

The writer is former UN Special Rapporteur on the Independence of Judges and Lawyers.