Delhi High Court directs BCI to enrol Korean national as lawyer within two days

The Delhi High Court on Tuesday directed the Bar Council of India (BCI) to enrol a Korean national as lawyer within two days [Bar Council of India v. Daeyoung Jung]..The Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that since there was no stay on the single-judge order allowing petitioner Daeyoung Jung’s plea for enrolment in India, the BCI cannot withhold his enrolment."This Court is of the opinion that in the absence of any stay which has been granted by this Court against the ld. Single Judge’s judgment, withholding the enrolment of the Respondent No.1 would not be permissible," it said..Jung had initially approached the Bar Council of Delhi (BCD) first for enrolment but it was rejected. He then sent a representation to the BCI but the same was rejected too.He then approached the High Court stating that he has completed law degree from an Indian institution and therefore, BCI's decision refusing to consider him as eligible for enrolment as an advocate on the rolls of BCD, was wrong. The petitioner stated that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore, as per Section 24 of 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 citizens of India are permitted to practice law in that other country. .Justice Yashwant Varma on May 30, 2023 allowed Jung’s plea for enrolment with the Bar Council of Delhi (BCD).This prompted the BCI to file an appeal before the Division Bench. During the hearing of the appeal on March 18, the Court was told that after the decision of the single-judge, 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 but the portal now shows that his result has been withheld, it was pointed out.In view of the submissions, the Court directed the BCI to issue enrolment to Jung within two days.The matter will be heard again on March 28. .Senior Advocate Pramod Kumar Dubey with advocates Preet Pal Singh, Akshay Amritanshu, Drishti Saraf and Pragya Upadhyay appeared for BCI. Advocates Ashim Sood, Ekansh Gupta, Prateek Kundu, Ankur Singhal and Isha Khurana represented Jung..[Read Order]