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Synopsis

The Delhi High Court, on Saturday last week, initiated an urgent hearing and sought a response from the Central government on a plea filed by the mother of a Kerala woman, currently on death row in Yemen, for the murder of a Yemeni national.

The petitioner is seeking facilitation of her travel to Yemen to negotiate with the victim's family for the payment of blood money, a form of compensation in cases of murder.

Justice Manmeet Pritam Singh Arora presided over the special hearing, issuing notice to the central government to respond to the petition.

The government's counsel requested time to gather instructions on the matter, expressing concerns about the risks involved in the woman's mother visiting Yemen.

Nimisha Priya, the woman in question, worked as a nurse in Yemen and was convicted of murdering Talal Abdo Mahdi in July 2017. The plea alleges 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 to the high court earlier this year, seeking permission to negotiate blood money to save her daughter. The plea urges 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.

Justice Arora emphasized that the minor child could not travel to Yemen, considering the potential risks and hostile environment. The Save Nimisha Priya International Action Council approached the high court last year, urging diplomatic interventions and negotiations with the victim's family.

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.