Arham Jain
On 18 March 2025, in the case of Bar Council of India v. Daeyoung Jung, the Delhi High Court ordered the BCI to register a Korean national as a lawyer within two days.
A Division-Bench comprising of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that the BCI cannot deny Petitioner Daeyoung Jung’s enrollment in India since the Single-Judge ruling permitting his application for enrollment was not stayed.
“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 stated.
Jung’s original application for enrollment was turned down by the Bar Council of Delhi (BCD). He then submitted a representation to the BCI, but it was again denied.
He subsequently petitioned the High Court, arguing that since he had earned his legal degree from an Indian university, BCI had erred in rejecting his application to be listed as an advocate on the BCD rolls.
According to the petitioner, a Korean citizen who studied law in India should be permitted to practice law in India in accordance with Section 24 of the Advocates Act as an Indian national who earns a law degree in Korea is eligible to practice law in Korea.
According to Section 24, if Indian citizens are allowed to practice law in another nation, they may be accepted as advocates on that nation’s state roll.
On May 30, 2023, Justice Yashwant Varma granted Jung’s request to join the Bar Council of Delhi (BCD). The BCI filed an appeal with the Division Bench as a result.
The Court was informed at the appeal hearing on March 18 that Jung was enrolled and took the All India Bar Exam (AIBE) following the single-judge’s ruling.
It was noted that although the site currently indicates that Jung’s result has been withheld, the results originally showed that he had passed the AIBE.
The BCI is directed by the Court to issue enrolment to Jung within two days.
The matter will be heard again on March 28.
Case Name- Bar Council of India v Deayoung Jung
Case Number- CM APPL. 54473/2023
Bench- Justices Prathibam Singh and Rajneesh Kumar Gupta
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