Indian Government Works To Secure Safe Return Of Death Row Nurse From Yemen

Highlights

Supreme Court hears case of Kerala nurse Nimisha Priya facing execution in Yemen as government urges caution against third-party intervention that could jeopardize diplomatic efforts.

The Indian government has emphasized its commitment to securing the safe return of Nimisha Priya, a Kerala nurse facing capital punishment in Yemen, while cautioning against unauthorized interventions that could potentially undermine ongoing diplomatic negotiations.

Attorney General R Venkataramani informed the Supreme Court on Friday that the government prioritizes bringing Priya back safely and warned that parallel efforts by private organizations or individuals attempting to negotiate directly with the victim's family could prove counterproductive. The court was hearing a petition from the Save Nimisha Priya International Action Council, which sought permission to travel to Yemen to continue engagement with the deceased's relatives.

The Supreme Court declined to grant travel permission to the organization and instead directed them to approach the government directly with their proposal. The bench, comprising Justices Vikram Nath and Sandeep Mehta, allowed the organization to submit a formal representation to the government, which will be evaluated on its merits. The case is scheduled for further hearing on August 14.

Recent developments brought hope when Yemeni authorities postponed Priya's execution, originally scheduled for July 16, following intervention by respected Islamic clerics. However, the victim's family has remained steadfast in their demand for capital punishment, with the brother of the murdered man declaring their unwillingness to consider alternative arrangements.

Under Yemen's implementation of Sharia law, death row convicts can avoid execution if the victim's family accepts diyat, a form of compensation payment, and waives their right to retributive justice. Priya's supporters had hoped to negotiate such an arrangement, but the victim's family has consistently rejected all overtures, viewing the matter as a question of honor.

The 38-year-old nurse from Kerala's Palakkad district was convicted for the 2017 murder of her former business partner, Talal Abdo Mahdi. According to the prosecution, Priya had partnered with Mahdi to establish a medical clinic in Yemen in 2015, but escalating personal and financial disputes led to fatal consequences. The prosecution alleged that Priya administered sedatives to Mahdi in an attempt to retrieve her confiscated passport, resulting in a fatal overdose.

A trial court in Sanaa convicted Priya in 2020, and Yemen's Supreme Judicial Council upheld the death sentence in November 2023. President Rashad al-Alimi subsequently approved the execution order in 2024. Throughout the legal proceedings, Priya's family has maintained that she suffered physical, financial, and emotional abuse at Mahdi's hands, arguing that the death was not premeditated but resulted from desperation and entrapment.

The case has presented unique diplomatic challenges for India, as the country does not maintain formal diplomatic relations with Yemen, where significant portions of the territory, including the capital Sanaa, remain under Houthi rebel control. Despite these obstacles, Indian officials have pursued multiple diplomatic channels and enlisted the assistance of influential Islamic clerics to advocate for clemency.

Attorney General Venkataramani previously informed the court that India had exhausted all available formal and informal diplomatic avenues in the case. The government's efforts have included engaging respected religious leaders to intercede with Yemeni authorities, demonstrating the extent of India's commitment to securing Priya's release.

Priya's mother, Prema Kumari, a domestic worker from Kochi, has been residing in Sanaa for over a year, making persistent efforts to reach the victim's family and appeal for mercy. The Delhi High Court granted her permission to travel to the conflict-affected region in December 2023, highlighting the extraordinary circumstances surrounding the case.

The ongoing diplomatic efforts reflect the complex intersection of legal, cultural, and religious considerations in international criminal cases, particularly in regions affected by armed conflict and political instability.