Rehan Khan
On 29th July, the Supreme Court of India raised concerns regarding the dual roles held by Mohd Kamran, who was practicing as both an advocate and a journalist, contrary to the Bar Council rules. This issue was brought to light during the hearing of an appeal challenging the Allahabad High Court’s decision to quash criminal defamation proceedings against former parliamentarian Brij Bhushan Sharan Singh.
A Division-Bench comprising Justices Abhay S. Oka and Augustine George Masih was examining the appeal and questioned the legality of Kamran’s dual employment. Justice Oka emphasized the Bar Council of India’s strict prohibition on practicing advocates from engaging in other employment, expressing doubts about Kamran’s claim of being a freelance journalist. The Bench decided to issue notices to the Uttar Pradesh Bar Council and the Bar Council of India, seeking their responses regarding potential actions against Kamran.
The appeal stemmed from an Allahabad High Court order dated March 12, which quashed the defamation case proceedings against Brij Bhushan Sharan Singh, former Chief of the Wrestling Federation of India (WFI) and ex-Member of Parliament. The defamation allegations arose from two letters Singh wrote in September 2022 to the Uttar Pradesh Chief Minister and Chief Secretary, in which he described Kamran as a conspirator and thief, allegations Kamran claims these allegations were circulated on social media and newspapers to malign his reputation.
Justice Oka, addressing Kamran, firmly stated, “Please do not try such adventures. Say you are either a lawyer or a journalist.” The Bench insisted that the registry provide a copy of the order to the Bar Councils and asked for their opinions on the permissible actions against Kamran.
This legal scrutiny of Kamran’s professional conduct came amidst ongoing controversies involving Brij Bhushan Sharan Singh. Singh is currently on trial over sexual harassment allegations made by six Indian wrestlers. On June 15, 2023, the police filed a chargesheet against Singh for various offenses under the Indian Penal Code, including outraging modesty, making sexually colored remarks, stalking, and criminal intimidation.
The defamation case against Singh was initiated by Kamran, who accused Singh of defaming him through the letters. Kamran alleged that Singh’s accusations were widely publicized with the intent to damage his image. Meanwhile, Singh, who pleaded not guilty, is also entangled in a separate sexual harassment case. Although a minor wrestler initially accused Singh under the Protection of Children from Sexual Offences Act (POCSO Act), she later retracted her complaint, leading the Delhi Police to file a cancellation report in that matter.
The Supreme Court’s examination of Kamran’s dual roles highlights the strict regulations governing the professional conduct of advocates in India and the ongoing scrutiny of high-profile individuals like Singh, who faces multiple legal challenges.
Bench: Justice Abhay S Oka, Justice Augustine George Masih