Execution of Indian nurse Nimisha Priya in Yemen stayed: Centre tells SC

Attorney General R Venkataramani, appearing for the Centre, told a bench of Justices Vikram Nath and Sandeep Mehta that 'efforts are on' in the matter

The Centre on Friday informed the Supreme Court that efforts were on and the government was trying everything possible to ensure Indian nurse Nimisha Priya, on death row for murder in Yemen, came out safely.

 

A bench of Justices Vikram Nath and Sandeep Mehta was informed that Priya's execution, scheduled on July had been stayed.

 

The counsel appearing for petitioner organisation "Save Nimisha Priya International Action Council", which is extending legal support to assist Priya, sought a Centre-appointed delegation to go to Yemen to meet the murder victim's family for negotiation.

 

The bench said the petitioner could make a representation to the government.

 

"It has been stated at the Bar that as of now, the execution has been stayed. The petitioner wish to make some representation to the government, which they are free to move," the bench said. 

 

After Attorney General R Venkataramani said Centre's efforts were on, the petitioner's counsel said the execution had been stayed.

 

"The first step is, they have postponed it (execution) as of now. We need to first get the pardon. Blood money comes in the second stage. First the family has to forgive us," the counsel said.

 

He said discussion on "blood money" could take place after this.

 

The counsel said Yemen was not a country where anybody could travel to as there was a ban unless allowed by the government.

 

"You approach the government. The government will consider it. The government is already doing so much for you, taking good care of whatever is possible at their end," the bench observed. 

 

The petitioner's counsel urged that a delegation of two or three people from the petitioner organisation and representatives of a religious scholar from Kerala, who is also involved in the matter, could be allowed the travel to Yemen for negotiating with the victim's family.

 

If the Centre deemed fit, the counsel said, one representative from the government could also go to Yemen.

 

"I don't think anything formally can happen at this point of time," Venkataramani said.

 

"We will certainly consider that but don't put it on record," he said, underlining the government did not want anything to become counterproductive.

 

When the bench asked whether the execution was stayed indefinitely, the petitioner's counsel said no date was given as of now.

 

"Which means something is working," Venkataramani said.

 

The petitioner's counsel said Priya's mother was there in Yemen to negotiate with the victim's family and she has gone there as the Delhi High Court asked the Centre to give her permission to travel. 

 

"We can go and negotiate and seek forgiveness from the family so that something can work out," he said.

 

The bench said, "We are not saying anything. We will just say whatever request they want to make to the government, they may make. The government will consider it. We are not mentioning what is the request".

 

Venkataramani said the government wanted Priya to come out safely and doing whatever was possible but did not want to disclose the details at this point in time.

 

"It is a very difficult situation," he said.

 

Venkataramani said his discussions with the court were being reported in the media.

 

"That is something we can't stop. Either you request for an in-camera proceeding, we will do that," the bench observed.

 

"I only want that this woman comes out safely," Venkataramani said.

 

The bench posted the hearing on August 14. 

 

The apex court was hearing a plea seeking a direction to the Centre to use diplomatic channels to save Priya, 38, facing execution in Yemen.

 

Priya, a nurse from Palakkad district of Kerala, was convicted of murdering her Yemeni business partner Talal Abdo Mahdi in 2017. She was sentenced to death in 2020, and her final appeal was rejected in 2023.

 

She is currently imprisoned in a jail in Sana'a, the capital of Yemen.

 

The petitioner's counsel earlier told the apex court that payment of blood money to the family of the deceased permissible under the Sharia law could be explored.

 

He had said the victim's family might pardon Priya if blood money was paid.

 

On July 17, India said it was in touch with Yemeni authorities as well as certain friendly nations as part of efforts to reach a "mutually agreeable solution" in the case relating to Priya.

 

External Affairs Ministry spokesperson Randhir Jaiswal had said the government was making concerted efforts to seek more time for Priya's family to reach some kind of an understanding with the family of the Yemeni man Priya is convicted of killing.

 

According to Yemeni court documents, Priya in July 2017 allegedly drugged and murdered Mahdi.