Delhi High Court orders BCI to enrol South Korean citizen Daeyoung Jung as Advocate within 48 hours [Read Order]

New Delhi: The Delhi High Court (on March 18) instructed the Bar Council of India (BCI) to enroll Daeyoung Jung, a South Korean citizen, as an advocate within two days. The division bench, consisting of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta, held that since there was no stay on the single judge’s order that had overturned BCI’s refusal to consider Jung eligible for enrolment, withholding his enrolment would not be justified.

Delhi High Court Ruling on Foreign Nationals’ Right to Legal Practice

The court was addressing an appeal by BCI challenging the single judge’s ruling issued on May 30, 2023. In that order, the single judge had directed BCI to promptly process Jung’s application in line with legal requirements. Following the single judge’s decision, Jung was enrolled and subsequently appeared for the All India Bar Examination (AIBE).

Jung’s lawyer informed the court that although Jung was initially shown as having passed the AIBE, his result was later marked as withheld on the portal.

The division bench noted that, in the absence of any stay on the single judge’s judgment, it would be improper to withhold Jung’s enrolment. The court further noted that the appeal is scheduled for a hearing on March 28.

BCI Ordered to Enrol South Korean Citizen as Advocate

In granting relief to Jung, the single judge had emphasized that as long as Indian citizens with the necessary qualifications are allowed to practice law in a foreign country without discrimination, nationals from such countries are entitled to seek enrolment under the proviso to Section 24(1)(a) of the Advocates Act.

The court also clarified that Jung could not be classified as a “foreign lawyer” seeking to establish his independent legal practice in India. It pointed out that Jung holds a law degree recognized under the Act, which gives him the right to seek enrolment. Even if the perceived risks or concerns were considered legitimate, they would not override Jung’s statutory right to enrolment.

Case Title: Bar Council of India vs Deayoung Jung and Anr

[Read Order]