The Delhi High Court directed the Bar Council of India (BCI) to enroll Korean national Daeyoung Jung as a lawyer within two days, emphasizing that there is no legal stay on his enrolment.
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NEW DELHI: The Delhi High Court told the Bar Council of India (BCI) to register a Korean national as a lawyer within two days.
A bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta said that since there is no stay on the single-judge order that allowed Daeyoung Jung to enroll as a lawyer in India, the BCI cannot stop 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,”
-the Court stated.
How the Case Started
At first, Jung applied to the Bar Council of Delhi (BCD) for enrolment, but they rejected his request. Later, he sent a request to BCI, but that too was turned down.
After these rejections, Jung approached the Delhi High Court. He argued that he completed his law degree from an Indian institution, so BCI’s decision to not consider him for enrolment was incorrect.
What the Law Says
Jung further explained that an Indian citizen who gets a law degree from Korea is allowed to practice in Korea. So, as per Section 24 of the Advocates Act, a Korean national who has studied law in India should be allowed to practice law in India.
Section 24 of the Advocates Act 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.
Court’s Earlier Decision
On May 30, 2023, Justice Yashwant Varma ruled in Jung’s favor, allowing him to enroll with the Bar Council of Delhi (BCD).
However, the BCI was not satisfied with this decision and filed an appeal before a Division Bench.
New Development in the Case
During the hearing on March 18, the Court was informed that after the single-judge’s order, Jung was enrolled and also appeared for the All India Bar Exam (AIBE).
At first, the exam results showed that Jung had passed, but later, the portal displayed that his result had been withheld.
After hearing this, the Court directed the BCI to issue Jung’s enrolment within two days.
The case will be heard again on March 28.
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Lawyers Representing Each Side
- Senior Advocate Pramod Kumar Dubey along with Advocates Preet Pal Singh, Akshay Amritanshu, Drishti Saraf, and Pragya Upadhyay represented the BCI.
- Advocates Ashim Sood, Ekansh Gupta, Prateek Kundu, Ankur Singhal, and Isha Khurana appeared for Jung.
CASE TITLE:
Bar Council of India v. Daeyoung Jung.
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