Supreme Court questions lawyer for working as a journalist on the side

The Supreme Court on Monday questioned how a practicing advocate was also working as a journalist on the side when there were Bar Council rules against engaging in such dual roles [Mohd Kamran vs State of Uttar Pradesh and anr]..A Bench of Justices Abhay S Oka and Augustine George Masih was hearing an appeal filed against an Allahabad High Court order that quashed criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh.While the Court agreed to issue notice on the appeal, it also questioned how the appellant was working both as a practicing lawyer and a 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 said. .Notably, the Bar Council of India rules prohibit practicing advocates enrolled with a State Bar Council from simultaneously engaging in other employment.While the lawyer informed the Supreme Court that he works as a freelance journalist, the Bench expressed doubts over whether it was permitted.The Bench, thus, sought responses from the Uttar Pradesh Bar Council and the Bar Council of India (BCI) in the matter, with regard to the action to be taken against the appellant, one Mohd Kamran."Apart from notice in appeals, we will also seek a reply from the UP Bar Council and BCI and they should say about action to be taken against you. Registry will supply a copy of this order. Please do not try such adventures. Say you are either a lawyer or a journalist," Justice Oka said..The Court was hearing an appeal against the Allahabad High Court's March 12 decision to quash defamation case proceedings against former Chief of the Wrestling Federation of India (WFI) and former Lok Sabha Member of Parliament (MP), Brij Bhushan Sharan Singh.The defamation case concerned two letters written by Singh in September 2022 to the Uttar Pradesh Chief Minister and Chief Secretary, stating that various criminal cases were pending against the complainant (Mohd. Kamran).The complainant 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).The complainants had earlier moved the Supreme Court for the registration of an FIR against Singh. Subsequently, the Supreme Court was informed by the Delhi Police that an FIR was registered and that the investigation was on track.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)..Brij Bhushan Sharan Singh sexual harassment case heads to trial as he pleads not guilty.Advocate Vinod Kumar Tewari appeared for the journalist-lawyer.[Read order]