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