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Today's Paper | December 26, 2024

Published 01 Oct, 2008 12:00am

Gurkhas win legal battle to settle in UK

LONDON, Sept 30: Former Gurkha soldiers from Nepal won the right to settle in Britain on Tuesday, in what their lawyers hailed as an “historic victory” for the veteran fighters.

Ending a two-year legal battle, the High Court in London ruled in their favour in a test case affecting some 2,000 Gurkhas who retired from the British army before 1997.

“Today is a wonderful, terrific victory day for the Gurkhas of Nepal,” said their lawyer, Martin Howe.

“It’s a victory for common sense. It’s a victory for fairness... It’s a day that will go down in history for the Gurkhas.” Until now, only Gurkhas who retired after 1997, when their base was moved from Hong Kong to England, had the automatic right to settle in Britain.

All other foreign soldiers in the British army have a right to settle in Britain after four years of service anywhere in the world.

Around 200,000 Gurkhas fought for Britain in World Wars I and II, and about 3,500 currently serve in the British army, including in Afghanistan and Iraq.

More than 45,000 have died serving Britain.

Judge Nicholas Blake underlined the “moral debt of honour” and gratitude which Britain has to the Gurkhas for their long military service, wounds sustained in battle, conspicuous acts of bravery and loyalty to the crown.

Howe said the case had seen “a torrential outpouring of affection and concern” from ordinary British people — and called on the government to allow the affected Gurkhas in immediately.

“We call today on our government to respect the views of the people of Britain, to respect this judgment fully and immediately allow the men and women affected by this judgment to come into this country,” he said.

Subas Gurung, 47, a former staff sergeant in the Gurkha Transport Regiment, said outside the court that the British government’s stance was “very unfair.” “I’m very, very happy to hear the verdict,” said the Gulf War veteran who was decorated with the British Empire Medal for his service peacekeeping in Cyprus in 1991.“All the soldiers who retired before 1997 who were badly affected now can join with us which is very, very good news for me and people like me who are back in Nepal.

“We joined together, we worked together, we should be able to get the right treatment together as a group,” he said.

He added: “The British people really supported this case. If they had not supported so well, this day probably would not have come.—AFP

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