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Top Court's bench has observed that a practising advocate cannot simultaneously work as a journalist
Supreme Court of India recently voiced its concern over practicing advocates pursuing additional career roles.
A bench of Justices AS Oka and AG Masih has addressed the issue of dual roles for legal practitioners, after a litigant claimed to function both as an advocate and a freelance journalist.
The litigant was appearing in the case involving an appeal challenging against the Allahabad High Court ruling that quashed criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh, court was told that Singh's letters to the Uttar Pradesh Chief Minister and Chief Secretary in September 2022 misrepresented him as a conspirator and thief, damaging his reputation.
These letters were circulated on social media and in newspapers.
During the proceedings, Justice Oka led bench emphasised that the Bar Council of India's rules explicitly prohibited practising advocates from holding dual roles.
Justice Oka recounted how litigation was a noble profession and issued a fresh notice to the BCI regarding this matter. Court had previously told the advocate before it, “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. There is a complete prohibition.”
It is to be noted that BCI regulations prevent practising advocates from engaging in any other employment.
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