The Delhi High Court division bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta, has recently directed the Bar Council of India (BCI) (Petitioner) to enroll Daeyoung Jung, a South Korean national (Respondent No.1), as an advocate within two days. The bench held that withholding the respondent’s enrollment was impermissible since there was no stay on the single judge’s order, which had quashed the BCI’s refusal to consider him eligible for enrolment.

The case originated from the petitioner’s refusal to enroll the Respondent No. 1 as an advocate. On 30th May, 2023, a single judge bench ordered the petitioner to process the respondent’s application in accordance with the law. Following this, the Respondent No. 1 was enrolled with the Bar Council of India and he also appeared for the AIBE, where he was initially shown as having passed. However, his result was later withheld, prompting BCI to challenge the single judge’s order under Clause X of the Letters Patent.

The Advocate for the Petitioner contended that reciprocity between India and South Korea in legal practice was a key factor in Respondent’s enrolment. The Advocate further stated that they had yet to receive instructions from the relevant authorities on the status of reciprocity.

The Advocate for the Respondent No. 1 contended that the Respondent No. 1 had duly met all requirements for enrolment, including passing the All India Bar Examination (AIBE). He further emphasized that since there was no stay on the single judge’s order, withholding the Respondent No.1’s enrollment was unjustified.

The court observed that, in the absence of any stay on the single judge’s order, withholding the respondent’s enrolment was legally untenable. The court then directed the petitioner to issue the enrolment within two days, stating:

“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. Under these circumstances, the enrolment shall be issued immediately to the Respondent No. 1 within a period of two days.” the court stated.

Additionally, the court listed the matter for further hearing on 28th March, 2025 and also made it clear that no adjournments would be granted.

Case Details: Bar Council of India vs. Deayoung Jung and Anr., LPA 711/2023

Advocate for the Petitioner: Senior Advocate Pramod Kumar Dubey, with Mr. Preet Pal Singh, Mr. Akshay Amritanshu, Ms.Drishti Saraf and Ms. Pragya Upadhyay.

Advocate for the Respondent: Mr. Ashim Sood, Mr. Ekansh Gupta, Mr. Prateek Kundu, Mr. Ankur Singhal, Ms. Isha Khurana for R-1.