The Delhi High Court on Tuesday ordered the Bar Council of India (BCI) to complete the enrolment process for a Korean national as a lawyer within two days.

The division bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta noted that, in the absence of a stay on the single-judge order permitting petitioner Daeyoung Jung’s enrolment in India, the BCI cannot refuse to proceed with 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 initially applied for enrollment with the Bar Council of Delhi (BCD), but his request was rejected. He then submitted a representation to the Bar Council of India (BCI), which was also denied. 

Subsequently, he moved the High Court, arguing that he had completed his law degree from an Indian institution and that the BCI’s refusal to consider him eligible for enrolment with the BCD was unjustified. 

The petitioner contended that Indian nationals who earn a law degree in Korea are permitted to practice there. Therefore, under Section 24 of the Advocates Act, a Korean national who has studied law in India should similarly be allowed to practice in India. 

Section 24 provides that a foreign national may be enrolled as an advocate on a State roll if Indian citizens are granted the right to practice law in that foreign country.

On May 30, 2023, Justice Yashwant Varma allowed Jung’s plea for enrolment with the Bar Council of Delhi (BCD), prompting the Bar Council of India (BCI) to challenge the decision before a Division Bench.  

During the hearing of the appeal on March 18, the Court was informed that following the single-judge’s decision, Jung was enrolled and appeared for the All India Bar Exam (AIBE). Initially, his results indicated that he had passed, but the portal later displayed his result as withheld.  

Considering these submissions, the Court directed the BCI to complete Jung’s enrolment within two days. The matter is scheduled for the next hearing on March 28.  

Senior Advocate Pramod Kumar Dubey, along with advocates Preet Pal Singh, Akshay Amritanshu, Drishti Saraf, and Pragya Upadhyay, represented the BCI. Jung was represented by advocates Ashim Sood, Ekansh Gupta, Prateek Kundu, Ankur Singhal, and Isha Khurana.