[Nimisha Priya Case] 'Can't Get Into Nitty-Gritties': Delhi HC Dismisses Appeal Seeking Centre's Assistance In Negotiating With Victim's Family

The Delhi High Court has dismissed an appeal seeking directions upon the Indian Government to facilitate the family of Nimisha Priya, an Indian citizen who killed a Yemen national and has been sentenced to death there, to negotiate with the family of the deceased victim.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked,

"Learned Single Judge has granted all the reliefs that could have been granted. Court has said Union of India shall take all steps to pursue remedy of further appeal...provide consular support for all assistance in travelling…what more do you need?"

The Bench added that it cannot command the Central Government to be party to any intervention. "You go and negotiate. Thereafter if you need any help, then…it's very premature to say. We can't get into these nitty-gritties."

Vide order dated March 15, a single judge of the High Court had disposed of an earlier plea moved seeking similar prayer, requesting the Ministry of External Affairs to explore and pursue the remedy of a further appeal against the order of conviction.

The Single Judge had noted that Centre could not be commanded to be party to any intervention or negotiations which the family of the convicted Indian National proposes to initiate.

The appeal therefore seeks modification of the single judge order to the extent of directing Centre to facilitate diplomatic interventions as well as negotiations with the family of victim on behalf of Nimisha Priya to save her life by paying blood money. It also seeks directions regarding arrangements for receiving the money collected in India and transfer the same to the account of family of victim in Yemen through the official or diplomatic channel if family of victim is ready to pardon her by receiving the blood money.

Standing counsel for Centre Anurag Ahluwalia informed the Court that the government is providing an Interpreter, Consular access for travel support for the purpose. However, it is their categorical stand that they will not participate in the negotiations; that will be undertaken by Nimisha Priya's mother herself and Indian embassy would not play any role or part in that regard.

In its order, the Division Bench said,

"We are at loss to understand as to what the Appellant is further desirous to get from the Respondent or this Court...Mr. Ahluwalia appeared and stated on instructions that the Union of India shall take all proactive steps to institute appeal before the next appellate forum in Yemen. He also said that consular in Yemen will provide all assistance for travel, arranging for interpreters...Submission of the Appellant is that Union of India should negotiate with the family of deceased victim to offer blood money. On this aspect, no direction in that regard can be issued by the Court. It is for the Appellant to now proceed to Yemen and undertake negotiations with the family of the deceased victim. Thus, we find no merit in this appeal."

On the prayer to facilitate transfer of money, the Court said that the Appellant may approach the Court if the negotiations fructify and any issues in its furtherance are faced.

On March 7, 2022, an appellate court in Yemen dismissed the appeal filed by Nimisha Priya, who was sentenced to death for the murder of Talal Abdo Mahdi in the year 2017. Nimisha allegedly injected him with sedatives to retrieve her passport that was in his possession. Nimisha had allegedly abuse and torture by Mahdi.