India Court Quashes Early Release of Men in Muslim Woman's Gang-Rape - Lawyer
The court directed the men to surrender to prison authorities within two weeks, the lawyer added.
The victim, Bilkis Bano, was three months pregnant when she was gang-raped and seven of her relatives, including her three-year old daughter, murdered during the riots that swept through the state, killing more than 1,000 people, most of them Muslims.
Prime Minister Narendra Modi was Gujarat's chief minister at the time and his Hindu nationalist Bharatiya Janata Party still rules the state.
The men, convicted in early 2008, were ordered freed by the Gujarat government in August 2022 after the prison they were being held in recommended their release considering the time they had served and their good behavior.
Their release drew condemnation from the victim's husband, lawyers, and politicians. Local media reported that several petitions were filed in the Supreme Court challenging the remission, including one by the victim herself.
In its verdict on Monday, the court held that Gujarat did not have the authority to reduce the sentence since the trial had been moved to Mumbai, making neighboring Maharashtra state responsible for the decision.
"The court has said that the law is clear, the appropriate government is the government where the accused are tried and sentenced," advocate Vrinda Grover, among the lawyers appearing for the petitioners, told reporters outside the court.
The bench of two judges also held that a 2022 order of the top court, which directed the Gujarat government to consider remission, was obtained fraudulently and by suppressing material facts, local media reported.
"Gujarat government usurped the powers of Maharashtra government...which in our opinion is a nullity," the court said, according to news website Live Law.
The Gujarat government will be able to comment on the verdict only after going through the detailed order, a senior state official said, speaking on condition of anonymity as they are not authorized to speak to the media.
There was no immediate reaction to the verdict from the 11 men.