Dear All,

We have started this fundraiser for £15,000 to support an ongoing legal proceeding started by Jaskeerat Singh Gulshan against “HMCTS” to change their current discriminatory policy on prohibition of carrying a normal-sized Kirpan into Courts and Tribunals.

Mr Gulshan was called to the Bar of England and Wales in December 2015 and has been representing clients as a Lawyer in Immigration Tribunals and Family Courts for the last 5 years. Mr Gulshan is an initiated Sikh (“Amritdhari”). An Amritdhari Sikh is required to observe a rigorous code of conduct (“Reht”). This Reht requires Amritdhari Sikhs to wear five distinguishing articles of the Sikh faith: Kes (long uncut hair), Kangha (a comb), Karha (a steel bracelet), Kachaera (cotton shorts), and Kirpan (a sword). The names of these articles begin with the letter 'K' and thus these articles came to be known as the "5 Ks".

Summary: On the 8th April 2021, Mr Gulshan was requested by Witness Support Services to attend Ealing Magistrates’ Court to provide emotional and moral support to a victim of crime, Mr Gulshan attended to assist this victim in giving evidence on behalf of the Crown against the defendant. However, he was prohibited from entering the court building due to the size of his Kirpan. He was discriminated against, treated like a criminal, and forced to go against his religious values. As a result, Mr Gulshan was forced to remove his Kirpan as its total length was more than six inches, even though the blade was 4 inches long, which is within the HMCTS’ permitted limit.

Mr Gulshan has attended Courts and Tribunals at all levels from the Supreme Court of Justice, Court of Appeal, High Court, the European Court of Justice in Strasbourg, and the majority of the lower courts and tribunals around the UK. Before the incident of the 8th April 2021, he had never experienced discrimination in this way nor been refused entry into a court building due to his Kirpan or its size. He has also complied with his civic duty by doing Jury Service for two weeks in a Crown Court with the same sized Kirpan.

Call to action - On the 8th April 2021, HMCTS staff at Ealing Magistrates Court revealed a policy that only permits Sikhs to carry a Kirpan no larger than 6 inches (4 inches for the blade and 2 inches for the handle and the sheath). These measurements are physically impossible to comply with. A Kirpan with 4 inches of blade cannot have 2 inches for the handle and sheath. In fact, HMCTS is forcing Sikhs to carry two Kirpans, i) a smaller Kirpan to comply with their arbitrary size requirements, and ii) a normal-sized Kirpan of 8 inches to comply with the religious values and integrity of being a practising Sikh. Further, that Kirpan can only be carried outside court buildings.

Please note: Sikhs have a defence in law for carrying a Kirpan, with no size specified, in public places under the Criminal Justice Act. According to Paragraph 1r, 5A and 5B (5) of the schedule to the Criminal Justice Act 1988 (Offensive Weapons) order 1988 (as amended by Section 47(7)(c) and 47(8) of the Offensive Weapons Act 2019, a Kirpan with a blade of 50cm or over is considered to be an offensive weapon. Subsequently, a Kirpan that is smaller than 50 centimetres is not considered to be an offensive weapon.

What are we trying to achieve? - We are demanding for the current policy to be set aside and a new policy to be drafted and implemented in line with the Scottish Courts, which does not have any restrictions on the size of carrying a Kirpan in their Courts and Tribunals. Alternatively, consideration should be given to the practicality of carrying a Kirpan of between 8 to 10 inches, as the current size limitations are too restrictive and impractical.

What is the next step in the case? - We have lodged an application for Judicial Review at the Royal Court of Justice to challenge the discriminatory policy presented by HMCTS. We are now waiting for a Judge to consider our application for leave to file a Judicial Review, to allow us to proceed with a Judicial Review hearing.

How much we are raising and why? - Our target is to raise £15,000 to cover the legal costs for making an application for Judicial Review and to continue legal proceedings after permission. The costs include the resources and time of a senior barrister, Parminder Singh Saini of No5 Chambers, who has spent pro bono (free of cost) time researching and drafting a letter before claim, corresponding with HMCTS, drafting grounds for an application to proceed to Judicial Review, and paying relevant court fees.

We will face costs to cover the cost of litigating against HMCTS once permission to proceed to a Judicial Review hearing is granted. We will also be liable to pay the costs incurred by the Government Legal Department (HMCTS’s representatives) if our application is dismissed. In the event our application is dismissed by the Administrative Court, then we will be making an application for oral renewal to challenge the unlawful and discriminatory policy.

Conclusion - We strongly believe that there are real prospects of success as HMCTS has not provided any proof of previous consultations with the Sikh community relating to the Kirpan. Neither has HMCTS provided any evidence to establish how they have reached the current size limitations on the Kirpan. It is noteworthy that not a single incident has been reported at any court in the UK where a Kirpan has been wielded or where a Kirpan has interfered with the administration of justice.

This is not just a personal issue for Mr Gulshan, but the policy impacts thousands of other Sikhs who attend courts or tribunals for reasons of work, litigation, support or other civic related duties. Sikhs must not be asked to remove their Kirpan whilst going about their lives as law-abiding citizens.

We humbly ask you to stand with us in this fight against religious discrimination and support our campaign to achieve Justice for the Kirpan. We, therefore, request you to show your support in this legal action through your donations and help us secure justice for Sikhs around the UK.

Your support and donations are highly appreciated. Thank You!