The Delhi High Court has directed the Bar Council of India (BCI) to enroll within two days, a Korean national as lawyer.
The Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta noted on Tuesday that since there was no stay on the single-judge order allowing the plea of Daeyoung Jung for enrolment in India, the BCI could not withhold his enrolment.
Jung had earlier approached the Bar Council of Delhi (BCD) for enrolment, which rejected his application.
He then made a presentation before the Bar Council of India, however, BCI also rejected his application.
The Korean national moved the High Court challenging the BCI’s decision. The petitioner contended that since he has completed a law degree from an Indian institution, he was eligible for enrolment as an advocate on the rolls of BCD.
The petitioner further stated that an Indian national obtaining a law degree in Korea was entitled to practice in Korea. As per Section 24 of the Advocates Act, a Korean national who studied law in India should be allowed to practice in India.
Section 24 states that a national of any other country may be admitted as an advocate on a State roll, if the citizens of India are permitted to practice law in that country.
On May 30, 2023, the single-judge Bench of Justice Yashwant Varma allowed Jung’s plea for enrolment with BCD.
The BCI challenged this verdict before the Division Bench.
The High Court was apprised on March 18 that after the decision of the single-judge Bench, enrolment was issued to Jung and he appeared for the All India Bar Exam (AIBE).
The results initially reflected Jung as having passed the AIBE, however, the portal lated showed that the petitioner’s result has been withheld.
The High Court directed the BCI to issue enrolment to Jung within two days and listed the matter for further hearing on March 28.
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