New DELHI, Dec 16: The Bar Council of India on Monday informed the Supreme Court that practising advocates cannot simultaneously work as journalists, whether on a full-time or part-time basis.
A bench comprising Justice Abhay S Oka and Justice Manmohan took on record the position of the BCI, which cited Rule 49 of the BCI Rules.
“We have heard the learned counsel for BCI which has submitted that as per the rules laid down, an advocate cannot be allowed to pursue part-time or full time journalism. The petitioner has filed an affidavit of undertaking stating that he is no longer working as a journalist and will only practice as an advocate,” the bench said.
It noted the petitioner’s counsel had accepted the correctness of the stand taken by the BCI.
The BCI rule prohibits advocates from pursuing any other full-time profession, including journalism.
The decision comes in the context of a case filed by one Mohd Kamran, who reportedly identified as both a lawyer and a freelance journalist.
Kamran, subsequently filed an affidavit of undertaking, saying he no longer worked as a journalist and only practised law.
In an affidavit filed on December 13, the BCI clarified while full-time journalism was categorically impermissible for advocates, even part-time journalistic activities were generally not allowed unless strictly connected to the legal profession.
The BCI submitted that part-time journalism could only encompass scholarly articles, opinion pieces, or editorial contributions that maintained a “meaningful nexus” with the legal profession.
“Even (when it comes to) part-time journalism … the said professional activity will also be an embargo on the practice of law as an advocate,” it said.
Any journalistic engagement by an advocate, the BCI said, must not conflict with their primary professional obligations, compromise the dignity and independence of the legal profession, or result in a dual-profession arrangement.
While Rule 51 of the BCI Rules provides some leeway for advocates to engage in journalism, the BCI said such activities must be limited to contributions directly related to legal practice and understanding.
Having addressed the legal issue, the bench would proceed to hear the petition on February 3, 2025.
The plea challenges an Allahabad High Court order that quashed the criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh.
The defamation case arose from letters written by Singh in September 2022 to the UP chief minister and chief secretary, alleging that Kamran was a “conspirator and thief” in various criminal cases.
The letters were also circulated on social media and in newspapers, prompting Kamran to allege defamation and seek restoration of the proceedings against Singh.
Notably, Singh is facing a separate trial over sexual harassment allegations made by six Indian wrestlers. (PTI)
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