NEW DELHI: The Delhi High Court has directed the Bar Council of India (BCI) to enrol a Korean national, Daeyoung Jung, as a lawyer within two days, holding that his registration cannot be withheld in the absence of a stay on a previous order in his favour.
A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that since no stay had been granted on the single-judge order allowing Jung’s enrolment, the BCI had no legal grounds to withhold his registration.
“In the absence of any stay against the single judge’s judgment, withholding the enrolment of Respondent No1 (Jung) would not be permissible,” the court stated.
Jung initially applied for enrolment with the Bar Council of Delhi (BCD), but his application was rejected. He then submitted a representation to the BCI, which was also turned down. Seeking relief, he approached the Delhi High Court, arguing that he had completed his law degree from an Indian institution and was wrongly denied enrolment as advocate.
The plea cited Section 24 of the Advocates Act, which allows foreign nationals to be admitted to a State Bar if Indian citizens are granted the same privilege in the respective foreign country. He pointed out that Indian nationals who obtain law degrees in Korea are permitted to practice there, and hence, the same principle should apply to him.
On May 30, 2023, Justice Yashwant Varma ruled in favour of Jung, directing the BCD to enrol him as an advocate. This decision prompted the BCI to challenge the ruling before a division bench.
During the latest hearing on March 18, the court was told that following the single-judge order, Jung was granted enrolment and appeared for the All India Bar Examination. Initially, his results indicated he had passed, but the portal later showed that his result had been withheld. Taking note of this, the high court directed BCI to issue his enrolment without delay. The case is scheduled for further hearing on March 28.