NEW DELHI - India’s top court on Jan 8 quashed the release of 11 Hindu men who had been jailed for life for gang-raping a pregnant Muslim woman and murdering her relatives during Hindu-Muslim riots in Gujarat state in 2002, a lawyer in the case said.

The court directed the men to surrender to the prison authorities within two weeks, the lawyer added.

The victim, Ms Bilkis Bano, was three months pregnant when she was gang-raped.

Seven of her relatives, including her three-year-old daughter, were murdered during the riots that swept through the western state.

More than 1,000 people were killed, 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 freed by the Gujarat government in August 2022 after the prison they were being held in recommended their release considering the time served and their good behaviour.

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 Jan 8, the court held that Gujarat did not have the authority to reduce the sentence since the trial had been moved to the financial capital Mumbai.

This makes neighbouring Maharashtra state, where Mumbai is the state capital, 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 the remission, was obtained fraudulently, 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 authorised to speak to the media.

There was no immediate reaction to the verdict from the 11 men.

The main opposition Congress party welcomed the decision.

“Bilkis Bano’s tireless struggle is a symbol of the victory of justice against the arrogant BJP government,” Congress leader Rahul Gandhi posted on social media platform X.

Two BJP spokespeople in New Delhi did not respond to Reuters requests for comment. REUTERS