The Supreme Court on Friday said that it would decide on whether it was permissible for a member of the Bar to simultaneously work as a journalist.
The Bench of Justice Abhay S Oka and Justice Augustine George Masih made the observation while hearing a petition filed by Advocate Mohd Kamran, who was also working as a freelance journalist.
On July 29, 2024, the Apex Court had directed the BCI and the Bar Council of Uttar Pradesh to examine the dual roles of Kamran as a practicing advocate and a state-accredited freelance journalist, and take necessary action in the matter.
The counsel appearing for the BCI today sought two weeks to file an affidavit on this issue.
The Bench noted on Friday that Kamran filed an affidavit, stating that he would now only work as an advocate. Taking the affidavit on record, the Bench listed the matter for hearing on December 16.
In its July order, the Court had questioned Kamran’s dual roles and cited the BCI Rules on Professional Conduct and Etiquette, which prohibited practicing lawyers from engaging in other professions or businesses. Chapter II of the BCI Rules states that an advocate could not engage in business or full-time salaried employment.
Kamran referred to Section 51 of Chapter II of the BCI Rules, which permitted advocates to engage in journalism, lecturing, and teaching, provided they did not engage in advertising and full-time employment. The petitioner contended that he was not employed by any media organisation or receiving a salary, but only writing articles.
Kamran had filed a defamation case against former BJP MP Brij Bhushan Sharan Singh. He alleged that Singh wrote defamatory letters to Uttar Pradesh Chief Minister Yogi Adityanath, accusing him of having serious criminal cases registered against him, while also being a state-accredited journalist.
The High Court quashed the defamation case on multiple grounds, including the lack of public dissemination of the letters, which were deemed confidential communications. Kamran moved the Apex Court challenging the High Court order.
In its July order, the Apex Court had also issued notice on Kamran’s plea challenging the High Court’s dismissal of his defamation complaint against Singh.