Advocates Prohibited from Practicing Journalism Alongside Legal Work : SC

Advocates Prohibited from Practicing Journalism Alongside Legal Work : SC

Today,the Supreme Court reiterated that practicing advocates are prohibited from simultaneously working as journalists, citing rules established by the Bar Council of India (BCI) that restrict such dual roles for lawyers.

A bench consisting of Justices Abhay S. Oka and Augustine George Masih made this observation in a case where the litigant had previously 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 also issued a fresh notice to the Bar Council of India (BCI) regarding the matter. The bench was hearing an appeal against an Allahabad High Court order that had quashed criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh. During the July hearing, the Court noted that the appellant had claimed to be both a lawyer and 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.

Advocate Vinod Kumar Tewari represented the appellant, Mohd. Kamran, in the defamation case. The appeal relates to two letters written by Brij Bhushan Singh in September 2022 to the Chief Minister and Chief Secretary of Uttar Pradesh, alleging that various criminal cases were pending against Kamran. 

Kamran argued that Singh had labeled him thief by disseminating these letters on social media and in newspapers, thereby damaging his image and reputation. 

Currently, Singh is facing trial for sexual harassment allegations made by six Indian wrestlers. On June 15, 2023, the police filed a chargesheet against him for offenses under Sections 354 (outraging modesty), 354A (sexually colored remarks), 354D (stalking), and 506(1) (criminal intimidation) of the Indian Penal Code (IPC). Singh has pleaded not guilty before the trial court.

Additionally, a minor wrestler had previously made similar allegations against Singh but later withdrew her complaint, resulting in the Delhi Police filing a cancellation report in that case under the Protection of Children from Sexual Offences Act (POCSO Act).

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