Retired Gurkhas have won the right to stay in the UK.

The momentous ruling came on Tuesday from Mr Justice Blake at the High Court in London.

Thousands of Gurkhas were outside to hear the news, as was campaigner Joanna Lumley and two Victoria Cross winners Tul Bahadur Pun, 87, and Lachhiman Gurung, 91.

The class action was brought on behalf of 2,000 retired Gurkhas by solicitors Howe and Co, trying to prove that the "1997 rule" was illegal.

Any Gurkha who retired before 1997, when the regiment moved from Hong Kong to Britain, did not have an automatic right to remain in the country and those who went home to Nepal were not even allowed to enter. Five Gurkhas were the lead claimants in the action, including a Gulf War veteran. All had applied to come and live in the UK and but were refused entry in Kathmandu.

In one famous case not represented in court, Tul Bahadur Pun VC was refused entry to the UK for medical treatment as he was regarded as having insufficient ties to the UK.

Madan Gurung, 57, of Bower Street, Maidstone, served with the Gurkha transport regiment in Hong Kong, retiring in 1993 after 24 years service.

Mr Gurung, who moved to England in 2007, said after the judgement: "I am so happy. We always argued that 1997 was an arbitrary date chosen by the British Government as that was when my regiment moved from Hong Kong to Britian.

"But choosing 1997 meant that 200 years of Gurkha forces serving with their British counterparts was being ignored.

"My only concern is that the Home Office do not come back with another proposal."

Maidstone councillor Dan Daley (Lib Dem), who has co-ordinated Maidstone’s campaign for a Gurkha statue, said: "This is a tremendous vindication for the case that has been put forward for these very brave men, and I am pleased with a result that I can finally be proud of."

Retired Gurkha Ghopal Giri, of Folkestone, said: "I’m over the moon and very excited. We are going to have a party to celebrate on Saturday and we will celebrate tomorrow as well!

"It should not have taken this long time but we have done it, at last we have done it."

Shepway Liberal Democrats Lynne Beaumont and Peter Carroll, who is also the Lib Dem prospective parliamentary candidate for Maidstone and the Weald, had been fighting the case for five years and were overjoyed by the ruling.

Cllr Beaumont said: "Now this goes back to the Government to see what they will do about it. Joanna has been amazing and we are urging people to visit www.gurkhajustice.org.uk and sign the petition. We want millions of people to sign it so Joanna can present it to 10 Downing Street.

"We don’t want the Government to have the chance to change 1997 to 1992 or anything like that.

"It has taken us five years to get here but it has been worth it."

Martin Howe, of Howe & Co in Ealing, stated: "The decision to be handed down by the High Court on Tuesday afternoon will be historic; the culmination of a hard-fought two-year legal battle seeking justice for some 2,000 Gurkhas whose only fault was to retire prior to 1st July 1997, despite having served Britain with unstinting loyalty, bravery and gallantry during all

conflicts involving British Forces. Sadly, seven Gurkhas have died awaiting the final

outcome of this case, and for them the hope of justice has come too late."

Actress Joanna Lumley - whose father served with a Gurkha regiment during the Second World War - was also at court.

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