When the law appears to be an ‘ass’, there is a remedy – Rajan Navaratnam

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“INJUSTICE anywhere is a threat to justice everywhere.” – Martin Luther King, Jr.

Charles Dickens, in the novel of Oliver Twist, had popularised the English proverb “the law is an ass, an idiot.” The proverb is expressed in the novel as follows:

“It was all Mrs. Bumble. She would do it, urged Mr. Bumble. That is no excuse, returned Mr. Brownlow. You were present on the occasion of the destruction of these trinkets, and, indeed, are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction. If the law supposes that, said Mr. Bumble, squeezing his hat emphatically in both hands, ‘the law is an ass, an idiot’.”

The proverbial description of “ass” refers to the non-literary name of a donkey and relates to where the administration of a particular law and the inflexibility of its application would result in ridiculous and nonsensical verdicts that defeats the interest of justice.

If a particular law enacted does not encompass common sense, the strict application of the words stated in that piece of legislation would result in inconceivable injustice.

In this regard, the law appears to be an “ass” when it is not administered according to conscience and when participants of the legal system are more fixated on the letter of the law as opposed to the spirit of the law.

Lately, much ink has been spilt and comments expressed on the applicability and effectiveness of the Whistleblower Protection Act 2010 (the Act).

Section 6 of the Act states that a person may make a disclosure of improper conduct such as corruption or fraud to any enforcement agency, whilst Section 7 of the Act affords protection to a whistleblower who discloses any improper conduct pursuant to Section 6 of the Act.

Section 9 of the Act grants immunity to the whistleblower from any civil or criminal action as a result of any disclosure of improper conduct.

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