It Happened In Yemen, How Is It Maintainable Here?: Delhi HC Seeks Centre's Response In Plea For Diplomatic Intervention In Nimisha Priya Case

The Delhi High Court today expresses its reservations on entertaining a writ petition seeking diplomatic intervention in the case of Nimisha Priya, an Indian woman who has been awarded death sentence by a Yemen Court for killing a local in 2017.

At the outset, Justice V Kameswar Rao remarked,

"This happened in Yemen. How does this court have jurisdiction then? How is this maintainable?"

The counsel appearing for the petitioner, an organization namely 'Save Nimisha Priya International Action Council', then informed the Court that under Yemen law, Priya can gain pardon from the family of the deceased by paying blood money.

He added that under the Shariat law, legal heirs can be compensated and in turn, the death sentence can be commuted. However, given the subsisting travel ban for Indians to Yemen since 2016, the petitioner-organization has been unable to settle the matter. Hence, they sought a direction upon the Central government to facilitate negotiations through proper channels.

Accordingly, the Court asked the central government counsel to seek instructions in the matter. It will be heard again, tomorrow.

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.

The plea, which arrays Ministry of Home Affairs and Embassy of India Sana'a, Yemen as party respondents, seeks that the Respondents must facilitate diplomatic interventions as well as negotiations with the family of victim on behalf of Ms. Nimisha Priya to save her life by paying blood money.

It is further prayed that immediate steps may be initiated for filing a formal appeal before the Supreme Court / Supreme Judicial Council to save the life of Nimisha Priya in accordance with the law of Yemen.

During the course of hearing, the counsel for the petitioner submitted that they are not pressing the third prayer seeking Centre's help to transfer blood money to the victim's family, if they agree to the proposal.

Case Title: SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR.