Karimbaksh threatens legal action after being sent on pre-retirement leave

Embattled Deputy Commissioner Fazil Karimbaksh, is challenging a decision taken by Police Commissioner Clifton Hicken to send him on pre-retirement leave and has threatened to take legal action against the Top Cop.

Karimbaksh, who serves as Head of the Special Organised Crime Unit (SOCU) – the white-collar investigative arm of the Guyana Police Force (GPF), is currently facing allegations of rape and threatening behaviour by a female rank.

Last Thursday, the Police Force said in a statement that the allegations are being treated seriously and that Karimbaksh was sent on leave pending the outcome of an investigation.

Though the statement did not specify what form of leave the senior officer was sent on, Guyana Times has seen a letter dated October 7, 2026, sent by Commissioner Hicken to the SOCU Head informing him that he was eligible for 174 days annualised vacation leave prior to Retirement which should commence on November 8, 2026.

However, Karimbaksh, through his lawyer, Attorney Rizwaun Mohamed, wrote the Police Commissioner to dispute the legal basis of any requirement compelling him to proceed on the pre-retirement leave.

“For the avoidance of doubt, my client does not consent to compulsory pre-retirement leave on the basis presently advanced. He remains ready and available to discharge his duties and comply with lawful directions. His position must not be construed as acquiescence in an enforced absence, acceptance of the disputed leave calculation, or waiver of any right,” the lawyer stated.

According to the attorney, while the Police Act confers command and superintendence of the Force upon the Commissioner, those provisions must be ready consistently with the constitutional allocation of powers.

The lawyer went on to point out that the Constitution vests disciplinary control over officers holding the rank of Deputy Commissioner with the Police Service Commission (PSC), which is presently not constituted. The attorney argued, however, that such vacancy does not transfer its powers to the Police Commissioner or another authority.

In the letter, the lawyer further explained that Karimbaksh is scheduled to retire in April 2027 and based on official records, has 118 days of entitled leave, not 174 as previously indicated by the Top Cop. As a result, the attorney says the calculation and consequent commencement date are being disputed.

“The inclusion of the 8th November 2026 in your letter does not constitute my client’s agreement to that date or establish authority to compel the proposed leave. I further dispute your authority to place my client on compulsory administrative leave. On the legal basis presently disclosed, you have no lawful authority to impose such leave upon my client. No applicable statutory power or operative written delegation authorising that course has been identified or furnished,” the lawyer stated.

According to the attorney, any purported exercise of disciplinary control must conform to the Constitution, insisting that describing an enforced absence as administrative leave does not dispense with the requirement for lawful authority. To this end, the lawyer put Commissioner Hicken on notice.

“You are hereby placed on unequivocal notice that, should you seek to compel my client to proceed on pre-retirement or administrative leave without lawful authority, I am instructed to institute legal proceedings without further notice, seeking urgent interim relief where necessary, together with all other appropriate relief and costs,” the lawyer indicated in his letter.

Moreover, the attorney said his client’s continued discharge of his duties shall not be construed as acceptance of the proposed leave or waiver of his objections, adding that all his rights and remedies are expressly reserved.

The Police Service Commission expired in July of this year and has not been reconstituted since. Based on established protocols, the PSC is responsible for disciplinary actions against senior officers, including placing them on administrative leave.

However, in the absence of a functioning Commission, Home Affairs Minister Oneidge Walrond had stated earlier this month that she would be engaged with Commissioner Hicken to determine the next step regarding Karimbaksh.

Her comments had come on the heels of mounting pressure from the political opposition and women rights’ groups for the SOCU Head to be sent on leave pending the probe into the allegations against him.

Walrond had shared the view that Karimbaksh should not remain on active duty while the investigation is ongoing. “The allegations are serious and will be treated as such. The law will not be ignored, nor will due process be bypassed,” the Minister stated, adding that the matter will not be investigated or tried in the court of public opinion.

“I have confidence in the competence and professionalism of the investigative team. They must be allowed to do their work independently and thoroughly, without public interference or prejudgment. Let the evidence guide the process. Let the law take its course.”