According to Section 12(1) of the Constitution, the law shall apply equally to all.
Therefore, it should be examined whether the actions of the respondents were in accordance with
the regulations of the law.
Even though the duty lies with the respondents under the legal provisions to disperse an unlawful
assembly, attention should be drawn to whether the respondents acted according to these legal
provisions, at the time of the incident.
The following factors shall be taken into consideration:
1. Provisions available for holding an assembly.
2. Whether procedures to be followed in dispersing assembly were adhered to?
When considering what legal provisions are applicable to holding an assembly, respondents state
that this incident falls under the interpretation given in Section 138 regarding an unlawful
assembly. An assembly of five or more persons is described as an " unlawful assembly" if the
common object of the persons comprising that assembly come under the following:
To commit any mischief or criminal trespass or other offence;
By means of criminal, force, or show of criminal force, to compel any person to do what
he is not legally bound to do. or to omit to do what he is legally entitled to do
It also states that a lawful assembly can subsequently become an unlawful assembly.
According to Section 95 of the Criminal Procedure Code, any magistrate or police officer not
below the rank of an Inspector of Police can give an order to disperse the assembly.
According to Regulation No. E5 of the Departmental Orders, it is not necessary to give notice to
the police or obtain prior approval; however, if the assembly becomes unlawful, the police can
order the crowd to disperse.
Since there was a breach of peace in society, the police had the power to lawfully disperse such
an unlawful assembly.
Section 77 (1) of the Police Ordinance states that six hours before such a procession is held, the
Police OIC of the area must be notified in writing. But it is unclear if in this case the protest
march can be interpreted as a procession.
Section 78(1) states that if the assembly or procession of twelve or more people risks a breach of
peace, a police officer not below the rank of an Inspector of Police has the power to disperse the
unlawful assembly.
It has to be considered whether the complainants’ assembly amounts to an unlawful assembly, as
indicated by the respondents. From the statements given by the respondents and the complainants
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