Bar Council of India Vs Deayoung Jung And Anr (Delhi High Court)
The Delhi High Court addressed an appeal filed by the Bar Council of India (BCI) against a single judge’s ruling in the case of Bar Council of India Vs Deayoung Jung And Anr. The core issue revolved around the enrolment of Respondent No. 1, Deayoung Jung, who is connected to South Korea. The BCI’s appeal centered on the question of reciprocity, specifically whether South Korea allows Indian lawyers to practice within its jurisdiction. The court noted that the single judge’s initial order had thoroughly examined South Korean law, concluding that there was no nationality bar preventing qualified Indian citizens from practicing law in South Korea. This conclusion was based on an examination of the Attorney-At-Law Act and the National Bar Examination Act, along with clarifications from the Korean Bar Association and the Ministry of Justice of South Korea. The BCI, however, stated that they had not yet received instructions regarding this reciprocity.
Further complications arose concerning the Respondent No. 1’s All India Bar Examination (AIBE) results. Following the single judge’s directive to the BCI to process the Respondent No. 1’s enrolment, the enrolment was issued. Subsequently, the Respondent No. 1 took the AIBE. Initially, the results indicated that he had passed, but later, the portal showed that his results were withheld. The court clarified that it had not issued any stay on the single judge’s order, thus, the BCI was directed to comply with the judgement. The court made a point that until a stay order was issued, withholding the enrolment was not permissible. The court ordered the BCI to issue the enrolment immediately to the Respondent No. 1 within two days. The appeal was scheduled for a hearing on 28th March 2025, with a strict directive against adjournments. The court’s focus remained on ensuring compliance with the prior order, pending the outcome of the BCI’s appeal, while addressing the discrepancies surrounding the AIBE results and the reciprocity matter.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
