Delhi High Court Permits Nimisha Priya's Mother To Travel To Yemen At Her Own Risk To Save Daughter On Death Row

The Delhi High Court on Tuesday permitted mother of a Malayali nurse Nimisha Priya, an Indian who is on death row in Yemen, to travel there along with another individual working there, at her own personal risk without any liability of the Union Government or concerned State Government.

Justice Subramonium Prasad asked the Union Government to relax a travel advisory notification issued by it in September 2017, while taking note of clause 3 which gives power to the government to give relaxation to an individual for specific and essential reasons for a limited time period, on the request of the applicant who would travel at his or her own risk without any liability of the government.

“The court is inclined to direct the Union of India to relax the notification for the petitioner, on the petitioner filing an affidavit to the effect that she will travel to Yemen with one Samuel for negotiating for release of her daughter at her own personal risk and responsibility, without the liability of the Union of India or the concerned State Government,” the court ordered.

Justice Prasad asked the mother to file an affidavit stating the date of her travel and the date of returning back to India.

The court noted that affidavits were filed by two individuals who were willing to accompany the mother to Yemen for exploring the legal remedy and to see if there is any amicable solution for saving Priya.

One of the affidavits was filed by one Samuel, an Indian passport holder, who has been working for more than 24 years in Yemen with a valid visa.

The court noted that the man in his affidavit said that he is willing to travel with the mother to Yemen, to help her in negotiating with the concerned authority, without any liability of the Union Government.

Noting that the mother's counsel also said that she will be travelling to Yemen at her own risk, the court disposed of her plea seeking direction on the Union Government to facilitate her travel abroad to negotiate with the victim's family by paying blood money.

The mother had sought permission to travel to Yemen despite the travel ban for Indian nationals to travel to the foreign country. She also sought direction on the Union Government to initiate negotiations with the family of victim on her behalf.

The mother contended that the only way to save her daughter from the gallows is to negotiate with the family of the deceased by paying blood money for which she has to travel to Yemen. However, she was unable to do so due to the travel ban on Indian nationals.

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.

Last year, a coordinate bench had disposed of a petition seeking directions to the Centre to facilitate negotiations with the victim's family and save Priya from capital punishment by paying blood money in accordance with the Yemen law.

Later, an appeal against the single judge order was dismissed by a division bench.

Title: PREMAKUMARI v. UNION OF INDIA & ANR

Citation: 2023 LiveLaw (Del) 1278