The Delhi High Court on Tuesday allowed a petition by a Korean national, Daeyoung Jung seeking permission to enroll as an advocate in India.
Justice Yashwant Varma pronounced the order today and directed the Bar Council of India (BCI) to allow Jung’s application for enrolment with the Bar Council of Delhi (BCD).
A detailed order is awaited.
Jung had approached the BCD first for enrolment but it was rejected. He then sent a representation to the BCI. The BCI rejected his representation.
Jung then approached the High Court stating that he completed law degree from an Indian institution and therefore, BCI’s decision refusing to consider him as eligible for enrolment as an advocate on the rolls of BCD, was wrong.
The petitioner stated that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore, as per Seection 24 of Advocates Act, a Korean national who was studied law in India should be allowed to practice in India.
Section 24 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 practise law in that other country.
It was the BCI’s case that if the petitioner is enrolled as an advocate and subsequently engages in professional misconduct, no action can be taken against him if he leaves Indian territory.
The BCI said that if Jung is enrolled, it would pave the way for entry of people of foreign origin into the Indian Bar, which was unprecedented.
Advocates Ashim Sood, Senu Nizar, Ekansh Gupta, Velpula Audityaa, Reaa Mehta, Kuberinder Bajaj, Payal Chandra and Rhythm Buari appeared for the petitioner.
BCI was represented through advocates Preet Pal Singh, Saurabh Sharma and Shivam Sachdeva.
