COMMISSIONER of Police, Clifton Hicken, has rescinded a previous letter concerning pre-retirement leave for Deputy Commissioner of Police Fazil Karimbaksh, citing the constitutional and legal framework governing the exercise of authority over the senior police officer’s office.
In a letter dated October 12, addressed to Karimbaksh in his capacity as Head of the Special Organised Crime Unit (SOCU), Hicken said he was withdrawing his previous correspondence on the matter after further consideration of the respective powers of the President, the Police Service Commission (PSC) and the Commissioner of Police.
The Commissioner stated that any further action concerning the grant of leave would be undertaken by the appropriate authority in accordance with the Constitution and applicable law.
The development follows a dispute over a letter dated October 7, in which Hicken informed Karimbaksh that he was eligible for 174 days of annualised vacation leave before retirement, with the leave scheduled to commence on November 8, 2026.
Karimbaksh, through his attorney-at-law, Rizwaun Mohamed, challenged the proposed arrangement, disputing both the calculation of the leave entitlement and the legal authority to compel him to proceed on leave.
In correspondence dated October 12, Mohamed also alleged that Karimbaksh had been prevented from entering his SOCU office that morning. The attorney said his client was informed by telephone at approximately 08:40 hours that a senior police officer had been instructed to bar his entry.
The lawyer argued that the reported restriction went beyond the arrangements outlined in the October 7 letter, which specified a November 8 commencement date for the proposed leave.
He said no separate written decision placing Karimbaksh on administrative leave or suspending him had been provided, and requested clarification of the legal authority and grounds for any restriction on his duties.
The October 12 correspondence from Hicken does not, in the text provided, expressly address the reported instruction barring Karimbaksh from his office. It states, however, that the previous letter is rescinded and that any further action concerning leave must be taken by the appropriate authority under the Constitution and applicable law.
The legal dispute centres partly on the constitutional role of the Police Service Commission. Article 212(1) of Guyana’s Constitution vests the power to exercise disciplinary control over police officers of or above the rank of Inspector in the Commission, subject to Article 211(1). Article 212(2) provides for the delegation of certain powers through written directions and subject to specified conditions.
Mohamed contended that the absence of a constituted Commission does not automatically transfer its powers to the Commissioner of Police or another authority. He maintained that any restriction amounting to suspension or disciplinary action must have an established legal basis.
The attorney also disputed the 174-day leave calculation, stating that records available to his client indicated an entitlement of 118 days. He said Karimbaksh was scheduled to retire in April 2027.
The matter has unfolded against the backdrop of an investigation into allegations of rape and threatening behaviour made against Karimbaksh by a female Police Inspector. The allegations remain allegations and have not been established as findings of guilt.
The Guyana Police Force previously announced that the matter was being investigated and that Karimbaksh had been sent on leave pending the outcome of the probe.
In his October 12 letter, Mohamed requested written clarification of the decision to restrict his client’s access to the office, the legal authority relied upon, the duration and conditions of any measure, and its implications for salary, allowances, benefits and accrued leave.
He further indicated that his client was prepared to pursue urgent legal proceedings if the restriction was maintained without a lawful basis.
