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Synopsis

The Delhi High Court on Thursday directed the Ministry of Home Affairs (MHA) to decide the representation of a woman seeking to travel to Yemen to save her daughter from gallows within one week.

The court was dealing with a plea by the mother of a woman from Kerala, who is facing the death penalty in Yemen for the murder of a national, to travel to the country to save her daughter from the gallows.

On the outset, the counsel appearing for the Central Government submitted, “The issue is that they want to go to Yemen. Now there is a bar…this is the gazette notification wherein they are supposed to apply to the Ministry of Home Affairs (MHA) and they will get the permission, then they can apply”.

On the contrary, the counsel for the petitioner submitted that they have already made a representation on April 25, 2022.

The bench of Justice Subramonium Prasad noted that the travel ban can be relaxed by the central government for specific and essential reasons for a limited period of time.

“The Clause 3 of the Gazette Notification reads as….in view of the notification, the present writ petition be treated as a representation. The respondents are directed to decide the representation within a period of one week from today. The writ petition is disposed”, the court ordered.

Furthermore, the court directed the counsel for the petitioner to specify the other members of the family’s details who intend to travel with the petitioner, along with a copy of the passport, within two days.

“Liberty is granted to the petitioner to approach this court, if needed”, the court added.

Notably, on October 19, the Court asked the Central Government to file a status report within two weeks.

The petitioner has sought direction to allow her to travel to a foreign country, which had previously been restricted to Indian citizens by the Central government. The sole glimmer of hope for the woman, Nimisha, lies in the possibility of obtaining a pardon through the payment of "blood money," as dictated by Sharia law, and through diplomatic negotiations with the family of the victim, Talal Abdo Mahdi.

This is not the first time that the petitioner has turned to the high court for assistance. Previously, she had sought the Court's intervention in directing the Central government to facilitate diplomatic negotiations and communications with the victim's family on behalf of her daughter, Nimisha Priya, in an attempt to save her life.

On March 15, 2022, the high court urged the Ministry of External Affairs to explore the option of appealing against the conviction order. Additionally, it had instructed the Consular to take the necessary steps to assist the petitioner's travel plans and to provide interpreters if required.

During the proceedings, Advocate Pavan Narang appeared for the Central government, while Advocate Subhash Chandran represented Premakumari.

Notably, on March 7, 2022, a court in Yemen dismissed an appeal made by Nimisha Priya in connection with the murder case of Talal Abdo Mahdi, a Yemeni citizen. In this case, she and another individual were identified as the primary suspects.

Nimisha, a nurse originally from Kerala, had been working in Yemen when travel to and from the country was banned in 2016 due to the ongoing Civil War. Her husband and daughter had returned to India in 2014, but she remained in Yemen due to her job commitments.

In 2015, with the assistance of a Yemeni national, Talal Mahdi, she established a clinic. However, conflicts arose between Nimisha and Mahdi, with Nimisha alleging abuse and torture, including the confiscation of her passport, which rendered her unable to return to her home state. Mahdi had also falsely represented himself as her husband to Yemeni authorities, further complicating her situation.

According to reports, on July 25, 2017, Nimisha administered sedatives to Talal Mahdi in an attempt to sedate him and recover her passport. Unfortunately, this act resulted in Mahdi's death, and Nimisha, with the assistance of another individual, disposed of his body by dismembering it and placing the remains in a water tank.

Four days later, the crime came to light, leading to the arrest of both Nimisha, who was subsequently sentenced to death, and the other individual, who received a life sentence.

Case Title: Premakumari v. Union of India & Anr.