UNC ACTIVIST Ravi Balgobin Maharaj has appealed the High Court's dismissal of his lawsuit against Government's extension of the term of Police Commissioner Erla Harewood-Christopher by a year.
The appeal was filed on January 17, a day after Justice Ricky Rahim held the extension was not unconstitutional and did not trespass on the functions of the Police Service Commission (PSC).
Harewood-Christopher turned 60 on May 15, 2023, and the extension was from that date to May 14 this year.
Three months earlier, on February 3, 2023, Harewood-Christopher was appointed this country's first female top cop.
On May 9, 2023, the National Security Minister announced that the Cabinet had agreed and confirmed the extension of her contract in keeping with section 75 of the Police Service Act which allows the President, on the advice of Cabinet, to extend the term of a first division officer, who is due to retire, and the Police Commissioner to extend the term of second division officers.
Police officers, who benefit, can receive two further one-year extensions based on annual performance reviews.
Maharaj challenged Cabinet's decision. His attorneys, led by former attorney general Anand Ramlogan, SC, contended section 75 of the act was inconsistent with section 123 of the Constitution which gave the PSC the power to recommend the appointment or removal of the Police Commissioner and Deputy Commissioners of Police (DCPs) to be approved by the House of Representatives.
Rahim held there was a difference between appointing a commissioner and extending a commissioner’s term.
"There is therefore a marked substantive difference between the appointment of a CoP and the extension of the service of the incumbent and the two are in no way to be understood and treated as the same.
"This of course is consistent with the Parliament having retained the power to extend in the Executive so as to keep the qualified, appointed incumbent CoP in service for a limited period so long as the President considers that it is within the national interest so to do," the judge said.
Maharaj's appeal raises 12 complaints of the judge's findings. "The decision is contrary to law and against the weight of evidence," the notice of appeal said.
Maharaj is asking the Appeal Court to reverse Rahim's dismissal of his claim.
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