they used batons to disperse the crowd. The Commission was informed in writing, that the following legal provisions have to be applied to disperse a protest march. Criminal Procedure Code Thoroughfares Act Police Ordinance Penal Code Departmental Orders Section 95 Section 59 (i) Section 77(i), (ii), in 78/80 Section 56 Section 138/140 A- 18 and 19 The arrest of students was done in accordance with Sections 140, 188, 314 & 316 which have to be read in line with Section 32 of the Penal Code and Section 59(1) of the National Thoroughfares Act No. 40 of 2008. After recording statements from the 39 students, they were produced before the Magistrate on 30.10.2015 under case B 40933/1/15, charged with being members of an unlawful assembly, attacking police officers, obstructing main roads, causing minor injuries and obstructing police in carrying out their duty (Annex 8). 4.3. Statement by 12th Respondent, the Secretary of the Ministry of Higher Education and Highways He declared he had already submitted a report to the Commission in relation to this incident on 2015/11/26 (HE/UD/02/SLI/22/HNDA II), which states that no written or verbal request had been forwarded by the HNDA students for a discussion of their concerns with the Minister on that date. However, on the 29 October 2015 at around 10am, there had been a meeting between the Minister, the Director General, Deputy Director General of the Higher Technological Institute, to discuss issues related to the courses offered by the institute. The students had not requested to meet with the Minister or the Secretary, nor were they made aware that the procession was about to take place on that date, The Minister of Higher Education and Highways and the Secretary as well as the State ministers were in a meeting with university lecturers to discuss various issues on the 29 th of October 2015 at 2.30 pm, at the Ministry office of the Maganaguma Building in Battaramulla. That was when the Minister’s Coordination Secretary was informed of the protest. The police had requested the Additional Secretary to meet with the students protesting in front of the Ministry. The students refused to have a discussion with the Additional Secretary, even though the police informed them that they had the opportunity to have a discussion. The 12thRespondent further mentions that a circular bearing number 46/90 was issued to the Cabinet, followed by circular 22/2015 (dated 17th November 2015) to give effect to it and resolve the matter at hand. 5. Related legal provisions: 88

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