NEW DELHI: "There's a point till which Government of India can go. We have reached that point," attorney general of India R Venkataramani told the Supreme Court on Monday, during the hearing of a plea seeking to stall the execution of Keralite nurse Nimisha Priya in Yemen. The execution is tentatively scheduled for July 16.
The top law officer said the government was keen to save its citizens and was doing the "utmost possible" in the matter.
The bench of Justices Vikram Nath and Sandeep Mehtawas was hearing a petition filed by an organisation seeking directions to the Centre to use diplomatic channels to intervene in the case of 38-year-old Nimisha Priya, who is on death row in Yemen for the murder of her Yemeni business partner.
Why the government said it can't save Nimisha Priya - the Houthi angle
Attorney General R Venkataramani informed the bench that the government had made efforts through informal and indirect channels. He said a letter was sent to the public prosecutor in the region to explore the possibility of suspending the execution. "The Government of India is trying its best," he said, adding that some influential sheikhs in the area were also approached.
However, Venkataramani also outlined the limits of diplomatic outreach, citing the complex situation in Yemen. "Having regard to the sensitivity and status of Yemen as a place, there is nothing much the Government of India can do," he said. Referring to the Houthis who control the region, he added that they are "not even diplomatically recognised." It was stated that India has no embassy in Yemen, and had Nimisha Priya been lodged in universally recognized-Aden, instead of Houthi-controlled Sanaa, the situation could have been different, Live Law reported.
He told the court that the situation was not comparable to other parts of the world where formal inter-governmental negotiations are possible. "It is very complex," he said, "and we don't want to complicate the situation by going too much public." The government, he added, had received an informal communication suggesting that the execution "is kept under abeyance," but said, "We don't know how far to believe that."
On the possibility of blood money, he said, "Blood money is a private negotiation," and stressed that the government could not be asked to act beyond its defined limits. "It is not a matter where the government can be asked to do something beyond the defined limit. It is not possible," Venkataramani said.
What the bench said
The bench noted that the petitioners were not seeking funds from the government but only assistance in establishing contact with the deceased’s family to negotiate the payment of blood money, which is permissible under Yemeni law.
"They (petitioner) are saying they may be able to arrange for the blood money. The only question is the negotiating link," the bench observed.
It remarked that the case was concerning. "The real cause of concern is the manner in which the incident took place and in spite thereof, if she loses her life, that is really sad."
The court posted the matter for further hearing on July 18 and asked all parties to inform it of any developments.
What the petitioners said
The counsel representing ‘Save Nimisha Priya – International Action Council’ told the court that Priya’s mother was in Yemen along with a social worker to initiate talks with the family of the deceased. "The only thing that is possible today to avoid death sentence is the family of the deceased agreeing to accept blood money," he said.
He pointed out that the final legal appeal had already been rejected by the Supreme Judicial Council of Yemen, and the death sentence had been confirmed under the country’s Sharia law. The counsel said diplomatic channels needed to be explored urgently given the tentative execution date.
He also emphasised that the petitioners were not asking for funds from the government and would arrange the required compensation themselves.
Why was Priya sentenced?
Nimisha Priya, a nurse from Kerala’s Palakkad district, was convicted in 2020 for the murder of her Yemeni business partner Talal Abdo Mahdi. Yemeni court documents state that in July 2017, Priya allegedly drugged Mahdi and, with the help of another nurse, killed him. His body was then dismembered and disposed of in an underground water tank.
Priya had partnered with Mahdi in 2015 to open a clinic in Sana’a, the capital of Yemen, since local laws require a Yemeni national to register any such business, the plea said. The same year, Mahdi had accompanied Priya on a visit to Kerala.
Her petitioners have argued that Priya did not receive a fair trial due to the ongoing civil war in Yemen at the time. They described her as a "victim of war" and said she lacked adequate legal defence during her trial. Priya remains imprisoned in Sana’a.
The top law officer said the government was keen to save its citizens and was doing the "utmost possible" in the matter.
The bench of Justices Vikram Nath and Sandeep Mehtawas was hearing a petition filed by an organisation seeking directions to the Centre to use diplomatic channels to intervene in the case of 38-year-old Nimisha Priya, who is on death row in Yemen for the murder of her Yemeni business partner.
Why the government said it can't save Nimisha Priya - the Houthi angle
Attorney General R Venkataramani informed the bench that the government had made efforts through informal and indirect channels. He said a letter was sent to the public prosecutor in the region to explore the possibility of suspending the execution. "The Government of India is trying its best," he said, adding that some influential sheikhs in the area were also approached.
However, Venkataramani also outlined the limits of diplomatic outreach, citing the complex situation in Yemen. "Having regard to the sensitivity and status of Yemen as a place, there is nothing much the Government of India can do," he said. Referring to the Houthis who control the region, he added that they are "not even diplomatically recognised." It was stated that India has no embassy in Yemen, and had Nimisha Priya been lodged in universally recognized-Aden, instead of Houthi-controlled Sanaa, the situation could have been different, Live Law reported.
He told the court that the situation was not comparable to other parts of the world where formal inter-governmental negotiations are possible. "It is very complex," he said, "and we don't want to complicate the situation by going too much public." The government, he added, had received an informal communication suggesting that the execution "is kept under abeyance," but said, "We don't know how far to believe that."
On the possibility of blood money, he said, "Blood money is a private negotiation," and stressed that the government could not be asked to act beyond its defined limits. "It is not a matter where the government can be asked to do something beyond the defined limit. It is not possible," Venkataramani said.
What the bench said
The bench noted that the petitioners were not seeking funds from the government but only assistance in establishing contact with the deceased’s family to negotiate the payment of blood money, which is permissible under Yemeni law.
"They (petitioner) are saying they may be able to arrange for the blood money. The only question is the negotiating link," the bench observed.
It remarked that the case was concerning. "The real cause of concern is the manner in which the incident took place and in spite thereof, if she loses her life, that is really sad."
The court posted the matter for further hearing on July 18 and asked all parties to inform it of any developments.
What the petitioners said
The counsel representing ‘Save Nimisha Priya – International Action Council’ told the court that Priya’s mother was in Yemen along with a social worker to initiate talks with the family of the deceased. "The only thing that is possible today to avoid death sentence is the family of the deceased agreeing to accept blood money," he said.
He pointed out that the final legal appeal had already been rejected by the Supreme Judicial Council of Yemen, and the death sentence had been confirmed under the country’s Sharia law. The counsel said diplomatic channels needed to be explored urgently given the tentative execution date.
He also emphasised that the petitioners were not asking for funds from the government and would arrange the required compensation themselves.
Why was Priya sentenced?
Nimisha Priya, a nurse from Kerala’s Palakkad district, was convicted in 2020 for the murder of her Yemeni business partner Talal Abdo Mahdi. Yemeni court documents state that in July 2017, Priya allegedly drugged Mahdi and, with the help of another nurse, killed him. His body was then dismembered and disposed of in an underground water tank.
Priya had partnered with Mahdi in 2015 to open a clinic in Sana’a, the capital of Yemen, since local laws require a Yemeni national to register any such business, the plea said. The same year, Mahdi had accompanied Priya on a visit to Kerala.
Her petitioners have argued that Priya did not receive a fair trial due to the ongoing civil war in Yemen at the time. They described her as a "victim of war" and said she lacked adequate legal defence during her trial. Priya remains imprisoned in Sana’a.
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