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Synopsis

In a significant development, a Delhi High Court bench led by Justice Subramonium Prasad has directed the Central government to ease its travel conditions, allowing the mother of Kerala nurse Nimisha Priya to journey to Yemen and negotiate for her release by offering 'blood money.'

Nimisha Priya is currently facing a death sentence in Yemen for murder of a Yemeni national.

Justice Prasad issued the order on Tuesday, and instructed the Central government to modify its notification concerning travel to Yemen in favor of the petitioner, Prema Kumari, who is Nimisha Priya's mother.

However, the court clarified that Prema Kumari will travel to Yemen entirely at her own risk, absolving the Indian government and any state government of liability.

The court further directed Prema Kumari to submit an affidavit confirming her acknowledgment of the risks involved and informing the court of her travel date and return date. In acknowledging the extraordinary circumstances of a mother attempting to save her child, Justice Prasad emphasized the unique nature of the case.

Nimisha Priya, the woman in question, worked as a nurse in Yemen and was convicted of murdering Talal Abdo Mahdi in July 2017. Her mother's plea alleged that she injected Mahdi with sedatives to retrieve her passport from his possession, leading to his death from an overdose.

Despite facing a travel ban for Indian nationals to Yemen, Priya's mother moved the high court earlier this year, seeking permission to negotiate blood money to save her daughter. Her plea urged the court to direct the Union government to facilitate the travel of the petitioner, Priya's 10-year-old daughter, and two other adult family members to Yemen.

The high court was informed that Yemen's top court had dismissed Priya's appeal on November 13, and her execution could occur at any time. The petitioner clarified that she was not requesting the government to pay blood money but seeking permission to travel to Yemen for negotiations.

The Centre's counsel explained that Priya's mother was advised against traveling to Yemen due to volatile conditions, with no Indian consular services available in the country. The court inquired about the possibility of permitting the woman to fly to the nearest country if she wished to travel to Yemen at her own risk.

The court had earlier declined to direct negotiations for blood money but instructed the Centre to pursue legal remedies against Priya's conviction.

Case Title: Prema Kumar v. Union of India & Anr.