The Delhi High Court has accepted approved the petition by a Korean national, Daeyoung Jung who wanted permission to enroll as an advocate in India.
The order was pronounced by Justice Yashwant Varma,who directed the Bar Council of India (BCI) for permitting the application by Jung for enrolment with the Bar Council of Delhi (BCD).
A details of the order are yet to come.
The Bar Council of Delhi was approached by Jung, for the permission to be enrolled, but it was rejected.
After facing the rejection from BCD, he sent a representation to the BCI, which was also rejected.
Post rejections, he approached the High Court and submitted that his law degree is from an Indian institution.
He further submitted that the decision by BCI to refuse him as eligible for enrolment as an advocate on the rolls of BCD, was wrong.
The petitioner also said that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore, as per Section 24 of Advocates Act, a Korean national who was studied law in India should be allowed to practice in India.
He further stated that as per the Section 24,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 his country.
BCI to support its point said that the 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 added a very pertinent point that if Jung is enrolled, it would pave the way for entry of people of foreign origin into the Indian Bar, which was unprecedented.