The Supreme Court on Monday orally reiterated that a practicing advocate cannot work as a journalist on the side, since there are Bar Council of India (BCI) rules proscribing such dual roles for lawyers [Mohd Kamran vs State of Uttar Pradesh and anr].
A Bench of Justices Abhay S Oka and Augustine George Masih made the observation in a case where it had earlier noticed that the litigant claimed to be both a lawyer and a journalist.
"He has to be either an advocate or a journalist, we will not allow such practice; we cannot allow such dual role. This is a noble profession. He cannot say that he is a freelance journalist," Justice Oka said today.
The Court has also issued fresh notice to the BCI in the matter.
The Bench was hearing an appeal filed against an Allahabad High Court order that quashed criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh.
When the matter was heard in July, the Court's focus was drawn to the fact the appellant claimed that he was a lawyer as well as a freelance journalist.
"I do not get your professional misconduct. You say you are a lawyer as well as a journalist. See the Bar Council of India rules about this. There is complete prohibition. I am not sure, when you say you are a journalist also," Justice Oka had remarked, at the time.
The BCI rules prohibit practicing advocates enrolled with a State Bar Council from simultaneously engaging in other employment.
The Bench had earlier, thus, forwarded its order to the Uttar Pradesh Bar Council and the BCI. Since the BCI was yet to file a reply, the Court today issued fresh notice today.
Advocate Vinod Kumar Tewari appeared for Kamran (appellant).
The defamation case in which the appeal has been filed concerns two letters written by Brij Bhushan Singh in September 2022 to the Uttar Pradesh Chief Minister and Chief Secretary, stating that various criminal cases were pending against the appellant, Mohd. Kamran.
Kamran contended that Singh addressed him as a conspirator and thief by circulating the letters on social media platforms and newspapers to tarnish his image and reputation.
Notably, Singh is presently also facing trial over sexual harassment allegations levelled against him by six Indian wrestlers.
On June 15, 2023, the police filed a chargesheet against Singh for offences under Sections 354 (outraging modesty), 354A (sexually coloured remarks), 354D (stalking) and 506(1) (criminal intimidation) of the Indian Penal Code (IPC). Singh has pleaded not guilty before the trial court.
A minor wrestler had also earlier levelled similar allegations against Singh. However, she later withdrew her complaint later and the Delhi Police filed a cancellation report in that case under the Protection of Children from Sexual Offences Act (POCSO Act).