W.P.(C) 8015/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 06 March 2023

Judgment pronounced on: 30 May 2023

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W.P.(C) 8015/2020 & CM APPL. 41782/2022(Add. Document)

DAEYOUNG JUNG

..... Petitioner

Through:

Mr. Ashim Sood, Ms. Senu

Nizar, Mr. Ekansh Gupta, Mr.

Velpula Audityaa, Ms. Reaa

Mehta, Mr. Kuberinder Bajaj,

Ms. Payal Chandra and Mr.

Rhythm Buaria, Advs.

versus

BAR COUNCIL OF INDIA & ANR.

..... Respondents

Through:

Mr. Preet Pal Singh, Mr.

Saurabh

Sharma

and

Mr.

Shivam Sachdeva, Advs. for R-

1.

Mr. Ajay Kumar Agarwal, Adv.

for R-2.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

JUDGMENT

1.

Mr. Daeyoung Jung, a citizen of South Korea impugns the order

of 23 July 2020 passed by the Bar Council of India¹refusing his

request for permission to be enrolled as an Advocate. He seeks to

espouse a right which, according to him, would inhere in any duly

qualified foreign national intending to pursue law as a profession in

1 BCI

Digitally Signed

By:NEHA

Signing Date:30.05.2023

16:14:02

Signature Not Verified

W.P.(C) 8015/2020

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India and seeks a declaration that his right to practise law in the

country is not barred by statute.

2.

BCI has on its understanding of the provisions of Section 24 of

the Advocates Act, 1961² principally held that since duly qualified

citizens of India have not been shown to be permitted to practice law

in South Korea, the petitioner would be disentitled in terms of the

Proviso to that Section. The writ petition essentially revolves upon

the meaning to be ascribed to the phrase “duly qualified” as appearing

in the Proviso which stands placed in Section 24(1)(a). The BCI has,

additionally alluded to the “practical difficulties” associated with and

challenges surrounding the enrolment of foreign nationals. It has

contended that if a foreign national were to be enrolled with a State

Bar Council, it is likely to encounter difficulties especially when

proceedings for misconduct may be drawn. It has also referred to the

situation which is likely to ensue if foreign nationals were to be

accorded the privilege of enrolment and the consequential right to

practice.

3.

Jung is stated to have been residing in India for the past more

than 16 years. Upon graduation in 2011, he was admitted to the B.A.,

LL.B. (Hons.) Course by the National Academy of Legal Studies

and Research, Hyderabad³. He graduated on 06 August 2016 and

received a B.A. LL.B. (Hons.) Degree. He is stated to have initially

approached the Bar Council of Delhi⁴in February 2019 to obtain the

2 the Act

3 NALSAR

4 BCD

Digitally Signed

By:NEHA

Signing Date:30.05.2023

16:14:02

Signature Not Verified

W.P.(C) 8015/2020

Page 3 of 58

necessary enrolment documents. It is his assertion that the said request

was orally denied by the BCD. BCD, while refusing to accede to his

request is asserted to have informed the petitioner that he would have

to approach BCI and obtain a letter from that body granting him

permission to be enrolled as an advocate with the BCD.

4.

In furtherance of the above, the petitioner made a representation

dated 18 October 2019 to BCI. It was his assertion in that

representation that since he did fulfil all the requirements stipulated in

Section 24 of the Act, he was entitled to be enrolled. However, since

no response was received on that representation, the petitioner

approached this Court by filing W.P.(C) 67/2020 which came to be

disposed of on 24 June 2020 with a direction to the BCI to decide his

representation.

5.

On 30 June 2020, the petitioner received a communication from

the Assistant Secretary cum Law Assistant of BCI, requiring him to

respond to the following queries:-

“1.

What are the terms and conditions for immigration in India

for a Republic of Korea citizen, and what are the terms that are

applicable on you, and what were/are the terms and conditions

a