Police Commissioner Dr Clifton Hicken has rescinded a letter granting leave to Deputy Commissioner Fazil Karimbaksh, whose lawyer disputes both the leave and an alleged instruction barring him from his office.

In a letter dated October 12, Hicken withdrew his October 7 letter with immediate effect. He said the decision followed "further consideration of the constitutional and legal framework governing the exercise of authority" in respect of the office of Deputy Commissioner, including the powers of the President, the Police Service Commission and the Commissioner.

Hicken wrote that any further action on the leave "shall be undertaken by the appropriate authority" in accordance with the Constitution and applicable law.
In a separate letter to Hicken, also dated October 12, Karimbaksh's lawyer, Attorney-at-Law Rizwaun Mohamed, said the Commissioner had directed a Senior Superintendent, identified as Mr Singh, to prevent Karimbaksh from entering his Special Organised Crime Unit (SOCU) office. He said the message was relayed to his client by phone at about 8:40am on Monday.

Mohamed said Karimbaksh "protests this reported instruction in the strongest terms" and disputes the Commissioner's authority to exclude him from his duties. He said the October 7 letter concerned 174 days of vacation leave before retirement, due to begin on November 8, and did not authorise exclusion from office on October 12.
He argued that disciplinary jurisdiction rests with the Police Service Commission under Article 212(1) of the Constitution, and that the absence of a constituted Commission does not transfer its powers to the Commissioner.

Mohamed demanded a written response by 4pm on Monday and requested a statement of reasons under the Judicial Review Act. He said Karimbaksh "remains ready and available to perform his lawful duties" and that court proceedings would follow if the exclusion was maintained without a lawful basis.