A single bench of Justice Yashwant Varma of Delhi High Court allowed a plea by a Korean national seeking permission for enrollment as an advocate in India.
The court directed the Bar Council of India to allow petitioner’s application for enrolment with the Bar Council of Delhi.
After the rejection of petitioner’s enrolment representation made by the BCD and BCI, he approached the High Court stating that he pursued law degree from an Indian institution and therefore, BCD and BCI’s decision refusing to consider him as eligible for enrolment as an advocate was not appropriate.
The petitioner stated that an Indian national who obtains a law degree in Korea is entitled to practice in Korea
Therefore, Korean national who was studied law in India should be permitted to do practice in India as per section 24 of Advocate’s Act.
In response, the BCI’s submitted that if the petitioner is enrolled as an advocate and engages in professional misconduct, no action can be taken against him if he leaves Indian territory.