Nurse Nimisha Priya Execution: AG assures Supreme Court that all efforts underway

The Bench of Justice Vikram Nath and Justice Sandeep Mehta heard submissions from Senior Advocate Raghenth Basant for the petitioner, Save Nimisha Priya International Action Council, as well as Attorney General R Venkataramani, who had been appointed by the Court to assist in the matter.

“This is a very unfortunate situation,” remarked Justice Nath, acknowledging the sensitive and urgent nature of the case.

Senior Counsel Basant appearing for the petitioner told the Court that the family is not seeking government funding or any adverse diplomatic confrontation, but simply requesting intervention through embassy-level facilitation of negotiations under Yemen’s legal framework, which permits the victim’s family to accept ‘blood money’ in lieu of execution.

“Yemen is not like Dubai where you can just go. There’s a civil war, Indian citizens face travel restrictions. But Nimisha’s mother, a domestic worker who only speaks Malayalam, is there thanks to the intervention of the Delhi High Court,” the Senior Counsel submitted.

“She’s accompanied by a social help worker. All we are hoping is for diplomatic facilitation to help negotiate the blood money," Basant submitted.

Attorney General Venkataramani informed the Court that the Government of India had been making efforts through informal and backchannel means, but pointed out the inherent limitations in dealing with a country like Yemen. “There are two parts of Yemen. Sana’a, where the execution is to take place, is not even diplomatically recognised. We have done all we could. This is not a place where inter-governmental negotiations function in the usual sense,” the AG said.

Venkataramani added that the government had even reached out to the local public prosecutor, seeking deferment of the execution.

“We have engaged influential Sheikhs to help. We even have some informal indication that the execution may be kept in abeyance, but we cannot confirm anything. There is no way to know what exactly is happening on the ground,” he said, cautioning against putting too much in the public domain that could complicate ongoing efforts.

“We didn’t want to make things worse by going too public. But we are doing everything possible. The Joint Secretary for the Gulf region briefed me this morning, they’re working on this round-the-clock,” the AG said. “All of us are praying," he added.

Justice Mehta observed, “The real cause of concern is the manner in which the incident took place. If she loses her life despite everything, that would be sad.”

The petitioner’s counsel clarified that there was no intention to cast doubt on the government’s efforts. “We’re not questioning the Government of India for a second. They’ve helped, even provided a lawyer. All we’re saying is, let the execution not go through just because of a missing link in communication,” the counsel contended.

When the Bench asked what relief the petitioner now sought, Basant urged the Court to keep the matter pending.

“We are just living on hope. If someone in Yemen learns that the Supreme Court of India is seized of the matter, it may make even 0.1% difference. Let the issue of money not be the stumbling block," the Senior Counsel submitted.

Justice Mehta, however, pointed out the limitations of issuing any directive: “How can such an order be passed? Who is going to respect those orders there?”

Justice Nath said, "We can keep the matter after 3-4 days and see, what happens or we can dispose it off saying that GOI is taking all possible steps."

To this, the Senior Counsel request, "My Lord, may keep it pending, i am still assuming that someone will there in Yemen, say that Supreme Court of India is ceased of the matter. We don’t know. We are just living on hope."

“The Government is doing everything it can. Let this hearing remain informal for now. We are not putting anything of record,” the Court clarified.

Additionally, before the hearing, ended, the AG informed the Court that the joint secretary of Gulf is present in court, to only update me on what is going in there.

"If this order and effort makes even 0.1% of difference… if they (Yemen) are willing to reconsider, let money not be a stumbling block," the Senior Counsel for the petitioner submitted. 

Conclusively, the Court agreed to list the matter again on Friday (July 18), to be updated on any developments.