On Monday(29th July), The Supreme Court, led by Justices Abhay S. Oka and Augustine George Masih, raised concerns about a practicing advocate also working as a journalist, which breaches Bar Council rules. This inquiry arose during the hearing of an appeal against an Allahabad High Court decision related to defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh.
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NEW DELHI: On Monday(29th July), the Supreme Court raised concerns over a practicing advocate simultaneously working as a journalist, which violates Bar Council rules. This inquiry came during the hearing, where a Bench of Justices Abhay S Oka and Augustine George Masih addressed the issue.
The case involved an appeal against an Allahabad High Court decision that quashed criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh. While agreeing to issue notice on the appeal, the Court questioned the appellant’s dual roles as both a practicing lawyer and a journalist.
Justice Oka remarked-
“I do not understand your professional misconduct. You claim to be both a lawyer and a journalist, but the Bar Council of India rules explicitly prohibit this. I am unclear about your dual role as a journalist.”
The Bar Council of India rules clearly state that practicing advocates enrolled with a State Bar Council are prohibited from engaging in other employment, including journalism. The lawyer informed the Supreme Court that he worked as a freelance journalist, but the Bench expressed skepticism about whether this was permissible.
As a result, the Bench sought responses from both the Uttar Pradesh Bar Council and the Bar Council of India (BCI) regarding the appropriate action against Mohd Kamran.
Justice Oka emphasized-
“In addition to issuing notices in the appeals, we will request responses from the UP Bar Council and the BCI regarding the actions to be taken. The registry will provide a copy of this order. Please refrain from attempting such activities. You must choose to be either a lawyer or a journalist.”
The Supreme Court was reviewing an appeal against the Allahabad High Court’s March 12 decision to quash defamation case proceedings involving Brij Bhushan Sharan Singh, the former Chief of the Wrestling Federation of India (WFI) and a former Lok Sabha Member of Parliament (MP). The defamation case revolved around two letters written by Singh in September 2022 to the Uttar Pradesh Chief Minister and Chief Secretary, alleging various criminal cases against the complainant, Mohd Kamran.
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Kamran argued that Singh’s letters, which were circulated on social media and in newspapers, labeled him as a conspirator and thief, thus damaging his reputation.
Currently, Singh is also facing trial over sexual harassment allegations made by six Indian wrestlers. On June 15, 2023, the police filed a chargesheet against Singh for offences under Sections 354 (outraging modesty), 354A (sexually colored remarks), 354D (stalking), and 506(1) (criminal intimidation) of the Indian Penal Code (IPC).
Previously, the complainants had approached the Supreme Court to register an FIR against Singh. Following this, the Delhi Police informed the Supreme Court that an FIR had been registered and the investigation was proceeding.
Singh has pleaded not guilty in the trial court. A minor wrestler had also previously made similar allegations against Singh, but she later withdrew her complaint. Consequently, the Delhi Police filed a cancellation report in that case under the Protection of Children from Sexual Offences Act (POCSO Act).