Today, On 29th November, The Supreme Court of India is set to decide on December 16 whether a practicing advocate can also work as a journalist, despite the Bar Council’s regulations. The issue was raised during hearings, with arguments presented for both sides. This decision could impact the professional boundaries for legal practitioners involved in journalism.
New Delhi: The Supreme Court announced it will rule on the question of whether lawyers can also serve as journalists.
The bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, was addressing a petition from an advocate who also works as a freelance journalist.
Justice Oka noted,
“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 earlier instructed the Bar Council of India (BCI) and the Bar Council of Uttar Pradesh to investigate the actions of Advocate Mohd. Kamran, who was practicing law while also working as a freelance journalist. During today’s proceedings, the counsel for the BCI requested two weeks to submit an affidavit regarding this matter.
The Court acknowledged that Kamran now filed an affidavit indicating his intention to work solely as an advocate.
The Court accepted the affidavit and scheduled the next hearing for December 16, 2024.
Justice Oka remarked during the hearing. He further instructed Kamran’s counsel to seek instructions from the petitioner, stating that Kamran must clarify whether he wishes to continue as a lawyer or a journalist.
The Court raised the issue to the Bar Council of India and the Bar Council of Uttar Pradesh, referring to an earlier order dated July 29, 2024. This order had directed the Registry to issue fresh notices to both councils, requiring them to look into Kamran’s conduct. The matter is now set to be heard on November 29, 2024.
Justice Oka’s remarks highlighted a critical ethical concern,
“How can a member of the Bar claim to be both a freelance journalist and an Advocate? He has to make a statement; either he has to be an Advocate or a freelance journalist. He can’t have it both ways.”
This statement underscored the Court’s unease with Kamran’s professional conduct, pushing for clarity on his professional standing.
The Court emphasized that if Kamran chooses one profession, the issue regarding the Bar Council’s inquiry into his conduct would not arise. “If you are able to make that statement, the issue of the Bar Council to deal with your conduct will not arise,” the Bench stated.
It is worth noting that in its previous order on July 29, 2024, the Supreme Court had already highlighted Kamran’s dual role in its observations. The Court noted,
“At various places, the petitioner claims that he is a practicing Advocate and a Freelance State Accredited Journalist. This conduct needs to be looked into by the Bar Council of State of Uttar Pradesh as well as the Bar Council of India.”
The Court had directed the Bar Councils to consider whether the rules of professional ethics allow such dual roles. “The Bar Councils will have to consider whether the rules of professional ethics permit this,” the Court stated, instructing the Registry to forward Kamran’s complaint and the order to the Bar Councils for necessary action.
The key issue revolves around whether Kamran’s dual roles violate the professional ethics mandated by the Bar Council of India. The concern is that a practicing lawyer, who is bound by confidentiality and other ethical obligations, may face a conflict of interest if he also operates as a journalist, reporting on matters of public interest.
The Supreme Court’s insistence on a clear distinction between these two roles reflects its commitment to upholding the integrity of the legal profession. In this case, Kamran will have to decide whether to continue practicing law or pursue journalism, as the Court has made it clear that holding both positions simultaneously is inappropriate.
As the case progresses, the Bar Council of India and the Bar Council of Uttar Pradesh are expected to provide clarity on Kamran’s professional standing. The Court has set the next hearing for November 29, 2024, when the matter will be revisited in light of Kamran’s decision and the response from the Bar Councils.
This case serves as a reminder of the importance of maintaining professional integrity and adhering to ethical guidelines, especially for individuals practicing in fields like law and journalism, where conflicts of interest can undermine public trust.