BCI approaches Delhi HC challenging orders of allowing Korean Citizen's Enrolment In BCD

BCI approaches Delhi HC challenging orders of allowing Korean Citizen's Enrolment In BCD

Today, Bar Council of India (BCI) filed a petition in the Delhi High Court, challenging a ruling by a single judge that granted permission for the enrollment of Deayoung Jung, a South Korean citizen, into the Bar Council of Delhi (BCD).

Senior Advocate Manan Kumar Mishra, counsel for BCI submitted that this case has ramifications and far reaching consequences. 

Chief Justice Satish Chandra Sharma asked the senior counsel, "What dis-entitles him from registration?"

Referring to Section 24 of the Advocates Act, Manan contended that he is a citizen of South Korea. 

Further, the bench asked, "Are the citizens of India allowed to practice law in South Korea? He is a foreigner, who has acquired law degree in India. That's the whole point in this case."

The senior counsel responded, "The determination of this matter falls under the jurisdiction of the State Bar Council and the Bar Council of India. Enrolling him based solely on the certificate from the National Bar Association of South Korea is not in line with the principle of reciprocity, as stipulated in Section 47 of the Advocates Act. The interpretation made by the learned single judge appears to be incorrect."

To its reply, the Court said, "If the Indian citizens are allowed to practice law in South Korea, you don't have any case. If the korean government rules otherwise then you do have a case".

The court ordered, "Conduct an inquiry and present the findings to us. The counsel requests a six-week extension, and therefore, we grant them a six-week period to provide the necessary documentation to demonstrate that Indian citizens, despite acquiring qualifications in South Korea, are not eligible for enrollment in South Korea."

Accordingly, the court listed the matter for further consideration on December 18. 

This year, in May the Court grants permission to South Korean citizen for enrolment as an advocate in the Bar Council of Delhi (BCD).

 

Share this News

Website designed, developed and maintained by webexy