it can be observed that the HNDA students walked from the Fort to Ward Place peacefully and
they waited until they were granted the meeting.
From photos and video evidence, it can be gathered that the students started behaving
aggressively once they were denied the meeting with a higher authority from the Ministry. They
tried to enter the premises of the Ministry by disrupting the barricades.
This confirms the fact that, as the respondents state, the power to disperse an assembly for
committing any mischief or criminal trespass or other offence is outlined in Section 138 of the
Penal Code and for risking a breach of peace under Section 78(1) of the Police Ordinance.
It is clear that, the police had erected barricades because of past experiences where students had,
in a previous march, destroyed the barricades and entered into the Ministry property and caused
damage.
It must be considered whether the methods used by the respondents to disperse the students were
in accordance with the legal provisions.
The respondent states that the provisions to disperse a crowd is outlined in the Police Department
Regulation No 18. This regulation outlines how police should act during such civil struggles.
However, it is questionable whether the complainants’ assembly comes under such civil
struggles. Ethnic discord, religious tensions, social and cast discrimination, inter trade union
disputes, political party gatherings and domestic issues amount to civil struggles. Since this
incident does not fall under that interpretation, Department Regulation 18 is not applicable
The respondent then states they resorted to the police Department Order A19, which outlines
how a police officer should act during an unlawful assembly.
Take actions to disperse the crowd in a friendly manner with cooperation.
If it is necessary to use force, the best strategy is a police cordon.
Using this approach, the crowd can be directed to move away.
Those who had behaved aggressively calmed down in the face of disciplined Police Force.
Therefore, use of force was not necessary. Force cannot be used when the individuals are no
longer committing an offence. Additionally, they can only use batons to fulfil their objective if
they are confident in their strength, or if an armed group of the police force is prepared to
support them.
The respondents used water cannons and tear gas to disperse the crowd. From the photos and
video evidence, it can be observed that after dispersing the students, the police attacked and
chased them using batons. According to 95(2) of the Criminal Procedure Code, although they
have the power to use batons in dispersal, that power must be exercised reasonably. It is
questionable whether there was a need for the police to attack the students in such a manner
since according to the videos and photo evidence, the students were already exhausted after tear
gas and cannons had been deployed.
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