Action Unconstitutional Under Article 212(3) – AG

By Antonio Dey | HGP Nightly News |

GEORGETOWN, GUYANA — The legal basis behind Police Commissioner Clifton Hicken’s abrupt decision to reverse his administrative directive instructing Deputy Commissioner of Police Faizal Karimbaksh to proceed on leave has been revealed: formal legal advice from the Attorney General’s Chambers concluded that the Top Cop lacks the independent constitutional authority to exercise disciplinary control over an officer of that rank.

The constitutional opinion, authored by the Solicitor General, determined that the Top Cop acted ultra vires when he ordered Karimbaksh off active duty pending an ongoing investigation into rape allegations lodged against the Deputy Commissioner by a female police officer.

The legal opinion makes it clear that the disciplinary jurisdiction claimed by the Commissioner of Police under Article 212(3) of the Constitution of Guyana is strictly confined to junior ranks below the status of Inspector, leaving disciplinary powers, mandatory leave, and suspensions of gazetted senior officers exclusively within the constitutional domain of the President and a duly constituted Police Service Commission (PSC).

The Constitutional Bar: Article 212(3) Strictly Limits Top Cop’s Reach

The Solicitor General’s opinion examined the constitutional architecture governing disciplinary oversight within the Guyana Police Force, finding a complete absence of independent unilateral authority for the Commissioner:

• Jurisdiction Confined to Junior Ranks: The Attorney General’s Chambers clarified that Article 212(3) of the Constitution explicitly restricts the Commissioner’s independent disciplinary jurisdiction to ranks below Inspector (such as Sergeants, Corporals, and Constables).
• No Inherent Chain-of-Command Discretion: The opinion warned Commissioner Hicken that his executive position as operational head of the force does not grant him implied power to bypass constitutional limits or unilaterally discipline constitutional appointees.

“In my opinion, the Commissioner of Police does not possess an independent power under Article 212(3) to exercise disciplinary control over Deputy Commissioner Karimbaksh,” the legal advice prepared by the Solicitor General stated.

Strict Safeguards: Rescission Mandated to Avert High Court Action

The legal advice warned that any administrative interference with a senior officer’s tenure must rest on a solid statutory foundation:

• Precise Legal Authority Required: The Attorney General’s Chambers cautioned that any administrative action involving leave, suspension, formal disciplinary proceedings, or interdiction must explicitly cite a valid constitutional provision or lawful statutory delegation.
• Threatened Litigation: Prior to the rescission, Deputy Commissioner Karimbaksh had retained legal counsel and threatened High Court legal action against the Commissioner for unlawful deprivation of office.
• Mandatory Rescission: Concluding that the administrative directive could not withstand judicial review, the Solicitor General advised Hicken to immediately rescind the instruction letter, leaving any action to the proper constitutional authorities.

Growing Impasse Amid Serious Criminal Probe

The rescission leaves the Guyana Police Force in a delicate operational and public relations posture:

• The Underlying Allegations: Karimbaksh remains under active criminal investigation following serious allegations of rape brought forward by a serving female rank.
• Intensifying Public Outcry: Civil society, human rights advocates, and parliamentary opposition figures have expressed alarm over a Deputy Commissioner remaining on active duty while facing a sexual assault probe.
• The Oversight Void: With the legal opinion reaffirming that only the President or a functioning Police Service Commission (PSC) can legally suspend or discipline the Deputy Commissioner, the standoff highlights the governance complications created by the continuing delay in formally constituting the PSC.

Until the appropriate constitutional machinery is formally activated or executive presidential powers are invoked, Deputy Commissioner Karimbaksh remains legally entitled to his office, illustrating the rigid constitutional walls that separate internal police administration from gazetted executive oversight