Gurkhas fighting for justice

They were joined by the celebrated British actress Joanna Lumley whose late father, Major James Rutherford Lumley, fought in the Second World War alongside these brave soldiers from Nepal.

As Miss Lumley joined them at the Court, she was introduced to two of them, both of whom hold the Victoria Cross and one of whom saved her father’s life.

He is Tul Bahadur Pun, 86, who, in 1944, saved the lives of several fellow soldiers, including that of Major Lumley, as they faced Japanese machine gunners in Burma while serving with the six th Gurkha Rifles.

Referring to Mr Pun, Miss Lumley, 62, said: “Ever since I was a child, this man has been my hero. Like so many people in Britain, I am ashamed at how successive governments have failed these magnificent and loyal soldiers.

The overwhelming wish of the British people is to allow them to live here if they so choose.”

The veterans gave the actress a guard of honour as she arrived at the Royal Courts of Justice in London. Hundreds of them, many with their families, gathered outside the Courts waving banners demanding justice.

The landmark case is being brought by five veterans and a widow. Their lawyer, Edward Fitzgerald, QC, told the judge that Britain owed a special debt to all Gurkhas.

He said four of those he was representing were refused leave to enter the UK on grounds of lack of strong ties with the country.

He added: “The Government policy towards all these Gurkha soldiers discharged before 1997 is that they should not have the right to settle here because when they served this country, the Gurkha Brigade headquarters was in Hong Kong and not in the UK.

“To say this is to ignore the history of the Gurkhas. And it is to ignore the special debt this country owes to all Gurkhas, past and present.”

A spokesman for the veterans added later: “The Gurkhas have stood by Britain in its hour of need, fighting alongside our troops against nearly every enemy who would do us harm.”

Gurkhas who retired from the Army after 1997 can automatically stay in the UK. But thousands who retired before July of that year have been refused visas and have been forced to live in poverty in Nepal.

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

The potential of Gurkha warriors was first realised by the British at the height of their empire building. After suffering heavy losses during an invasion of Nepal, the British East India Company signed a peace deal with their formidable opponent in 1815.

This allowed them to recruit from the ranks of their former enemy.

Following the partition of India in 1947, an agreement between Nepal, India and Britain was drawn up to transfer four Gurkha regiments. Gurkha troops who left the Indian army and joined the British eventually became the Gurkha Brigade.

Since then, they have fought for Britain all over the world and have been awarded 13 Victoria Crosses for valour between them. More than 200,000 fought in the two World Wars, with 43,000 killed.

In the past 60 years, Gurkhas have been posted to Hong Kong, Malaya, Borneo, Cyprus, the Falklands, Kosovo and Afghanistan. A significant number of them have served as engineers, logisticians and signals specialists.

Their numbers have been reduced sharply in recent years, from a peak of 112,000 in World War Two to about 3,500 now.

Those left tend to retain their Nepalese customs and beliefs, observing all their religious festivals. They are now based near Folkestone, Kent. They are still chosen from young men living in the hills of Nepal, with about 28,000 trying for 200 places each year.

The selection process is regarded as one of the toughest in the world. Hopefuls run uphill for 40 minutes, carrying on their backs a wicker basket filled with 70 pounds of rocks.

Those who retired after 1997 when their base moved from Hong Kong to Kent can automatically stay in the UK.

But those who retired before that must apply for permission and many have already been turned down.

In addition to fighting for settlement rights in the UK, a number of them are also battling in the courts for equal pension rights.

It seems bizarre that the United Kingdom can give the right of abode to millions of Europeans, most of whom can hardly speak English, but Gurkhas are being turned down because “they lack strong ties with Britain”.

I would have thought that there could be no stronger tie to a country than being prepared to lay down your life for it.