Army Gurkhas win the right to live in Britain

British Army Gurkhas today won a historic High Court ruling for the right to settle in the country they fought for.

In his landmark judgment Mr Justice Blake said Gurkhas had the right to be valued and respected by the British government. Gurkhas' solicitor Martin Howe hailed the "historic victory for the gallant Gurkha veterans of Nepal".

"The Gurkhas directly affected by this decision fought for Britain in all conflicts since the Second World War, from the jungles of Malaya to the Falklands and the deserts of the Gulf," he said.

As the judge rose after his ruling in the courtroom filled with Gurkha heroes and supporters, a group of Gurkhas shouted their battle cry "Ayo gorkhali".

Their lawyers had challenged the lawfulness of government policy to refuse entry to Britain to the 2,000 Gurkhas who retired prior to July 1997.

On that date the Brigade of Gurkhas moved its base from Hong Kong to the UK. Home Secretary Jacqui Smith had said that was the cut-off point for the "strong ties" to Britain to allow entry.

The five claimants who launched the legal action included Falklands veteran Lance Corporal Gyanendra Rai, 52, Gulf War veteran Birendra Man Shrestha, 46, and a Gurkha widow.

Supporters included two Victoria Cross winners, Honorary Lieutenant Tul Bahadur Pun, 87, and Honorary Sergeant Lachhiman Gurung, 91.

In his judgment Mr Justice Blake quoted the "Military Covenant undertaken by every British soldier which, in return for their pledge to make the ultimate sacrifice, they are promised value and respect".

"Rewarding distinguished service by the grant of residence in the country for which the service was performed would be a vindication of this covenant."

Actress Joanna Lumley, whose late father Major James Rutherford Lumley fought alongside the Gurkhas in Burma in the Second World War, also lent her support at court during the hearing.

She said: "This day gives our country the chance to right a great wrong and wipe out a national shame that has stained us all."

Lawyers representing the Home Secretary made no immediate application for leave to appeal against the decision.

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