Can Advocates Work As Journalists? Supreme Court To Decide, Hearing On Dec 16

The Supreme Court on Friday (November 29) said that it will decide whether advocates can simultaneously work as journalists.

A bench of Justice Abhay S Oka and Justice Augustine George Masih was dealing with a petition filed by an advocate who also worked as a free-lance journalist.

Justice Oka said, “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 previously directed Bar Council of India (BCI) and the Bar Council of Uttar Pradesh to look into the conduct of Advocate Mohd. Kamran who was working as a freelance journalist while simultaneously practicing as an advocate.

During the proceedings today, the counsel appearing for the BCI sought two weeks to file an affidavit on this issue.

The Court noted that now Kamran has filed an affidavit that he will only work as an advocate. The Court took the affidavit on record and listed the matter for hearing on December 16, 2024.

In July, the Court had questioned Kamran's dual roles and cited the BCI Rules on Professional Conduct and Etiquette, which prohibit advocates from engaging in other professions or businesses. Chapter II of the BCI Rules states that an advocate cannot engage in business or full-time salaried employment.

Kamran defended his actions, referring to Section 51 of Chapter II of the BCI Rules, which permits advocates to engage in journalism, lecturing, and teaching, provided they do not engage in advertising and full-time employment. He stated that he was not employed by any media organization or receiving a salary but was only writing articles.

Background

The case stems from a defamation case 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 registered against him while also being a state accredited journalist.

The High Court had quashed the defamation case on multiple grounds, including the lack of public dissemination of the letters, which were deemed confidential communications. Kamran filed the present petition challenging the order of the High Court.

On July 29, 2024, the Supreme Court directed the BCI and the Bar Council of Uttar Pradesh to examine Kamran's dual roles as a practicing advocate and a state-accredited freelance journalist. In its July order, the Court asked the Bar Councils to take necessary action.

The Court also issued notice in Kamran's plea challenging the Allahabad High Court's dismissal of his defamation complaint against Singh.

Case no. – SLP(Crl.) No. 9615/2024

Case Title – Mohd. Kamran v. State of Uttar Pradesh and Anr.