SC to decide whether advocates can work as Journalists, next hearing on Dec 16

New Delhi, Nov 29 (UNI) The Supreme Court on Friday said that it will decide whether advocates can simultaneously work as journalists while practising law.

A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing a petition filed by Advocate Mohd. Kamran, who worked as a freelance journalist.

Justice Oka observed, “It was argued before us that it is permissible for a member of the bar to continue as a journalist. So we will decide that issue.”

The Court had earlier directed the Bar Council of India (BCI) and the Bar Council of Uttar Pradesh to examine Kamran’s dual roles and his compliance with the BCI Rules on Professional Conduct and Etiquette, which prohibit advocates from engaging in other professions or businesses.

During Friday’s proceedings, the counsel for the BCI sought two weeks to file an affidavit addressing the issue. The Court noted that Kamran has since filed an affidavit stating he will work only as an advocate. Taking his affidavit on record, the bench listed the matter for a hearing on December 16, 2024.

The controversy dates back to July 2024, when the Court questioned Kamran’s dual roles, citing Chapter II of the BCI Rules, which bars advocates from engaging in business or full-time salaried employment. Kamran, however, defended his position, referring to Section 51 of the same chapter, which allows advocates to engage in journalism, teaching, or lecturing, provided these activities do not involve advertising or full-time employment.

He clarified that he was not salaried or employed by any media organization but merely contributed articles.

The case originated from a defamation complaint filed by Kamran against former BJP MP Brij Bhushan Sharan Singh. Kamran alleged that Singh wrote defamatory letters to Uttar Pradesh Chief Minister Yogi Adityanath, accusing him of having serious criminal cases while being a state-accredited journalist.

The Allahabad High Court had quashed the defamation case, citing the confidential nature of the letters and the absence of public dissemination.

Kamran challenged the High Court’s order in the Supreme Court, which, on July 29, 2024, directed the BCI and the Uttar Pradesh Bar Council to investigate his professional conduct. Notices were also issued in Kamran’s petition challenging the High Court’s dismissal of his defamation complaint.

The upcoming hearing on December 16 will address whether Kamran’s dual roles align with the ethical and professional standards set by the BCI Rules.

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