Centre on Monday told the Supreme Court that it has acted to the best of its abilities in the case of Kerala nurse Nimisha Priya who is currently on death row in Yemen. "There's a limit up to which the Government of India can proceed. We have proceeded to that extent," Attorney General R Venkataramani informed the Supreme Court on Monday, during which it heard a plea for postponement of the hanging of the Keralite nurse on July 16. The case came up for hearing before a bench presided over by Justices Vikram Nath and Sandeep Mehta.
Representing the petitioner 'Save Nimisha Priya International Action Council', Senior Advocate Raghenth Basant told the court that the family of the nurse is negotiating with the victim's kin to pay 'blood money' according to Shariat law, which may aid in securing a pardon. He made it clear that no monetary assistance is being requested of the Centre, but diplomatic assistance to conduct negotiations.
The Attorney General, however, referenced India's complicated diplomatic tie with Yemen, where it does not have an embassy. He said that if Priya were being detained in the internationally recognised capital Aden, rather than the Houthi-held Sanaa, the scenario could have been different.
In spite of these limitations, the Centre was doing all in its power behind the scenes, the AG stated, such as approaching influential local leaders and corresponding with Yemen's Public Prosecutor requesting a postponement of the execution. "We did not want to complicate the issue by going public… some private avenues are being pursued," he stated.
Also read: Nimisha Priya case: SC to hear plea on Monday
Justice Sandeep Mehta termed it a "sensitive" and "sad" case. "The actual concern is how the accident occurred… and if she still dies, it is tragic," he noted.
The AG conceded that it was a most unfortunate incident but added India cannot go beyond its legal and diplomatic limits. He also reported a likely standoff in negotiations between Priya's relatives and the victim's family.
When Basant requested the Court to stay the execution, the bench asked its jurisdiction in cases where a foreign country was involved. "How can that order be passed? Who is going to respect that order?" Justice Mehta said.
The petitioner responded that if the Union could make contact with the victim's family, the money aspect of the blood money would not be a problem. The bench adjourned the case to Friday and directed the Centre to give an update on any fresh developments.
Nimisha Priya, a 36-year-old Kerala nurse, was given a death sentence in 2018 for killing her Yemeni business partner Talal Abdo Mahdi. Her family says that Talal had falsified documents stating she was his wife, stolen her passport, and repeatedly abused her. In 2017, she allegedly administered ketamine to him to get back her documents, but it caused an overdose that killed him.
Priya was retried and re-sentenced in 2020. She was rejected in appeal by Yemen's Supreme Judicial Council in 2023, and her death sentence was confirmed by the Yemeni President a year ago.
The 'Save Nimisha Priya International Action Council' organised to fight for her release, and recently turned to the Supreme Court with a request for directions to the Centre for action through diplomatic means. Capital punishment can be avoided under Shariat law if the family of the victim agrees to accept 'blood money' as compensation.
Allegedly, Priya's family has made an offer of $1 million (₹8.6 crore) to Talal's family. Kerala Chief Minister Pinarayi Vijayan has sent a letter to Prime Minister Narendra Modi requesting that he intervene, terming Priya's case one that merits sympathy. He had previously also written to External Affairs Minister S Jaishankar.
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