Efforts on to bring Kerala nurse Nimisha Priya back as her execution in Yemen put off, Centre tells SC

New Delhi: The Supreme Court was on Friday told that efforts are on to bring back Indian nurse, Nimisha Priya as her execution for alleged murder in Yemen has been put on hold.

Attorney General R Venkataramani, appearing for the Centre, submitted before a bench of Justices Vikram Nath and Sandeep Mehta that the government wanted her to come back safely.

The court was hearing a plea seeking a direction to the Centre to use diplomatic channels to save Priya, 38, facing execution in Yemen.

The plea has been filed by Save Nimisha Priya International Action Council.

The bench noted that the government is 'taking good care of whatever is possible'.

The counsel appearing for the petitioner-organisation said they have to first get a pardon and then the issue of "blood money" would come.

The execution was earlier scheduled for July 16. Priya, a nurse from Palakkad district of Kerala, was convicted of murdering her Yemeni business partner in 2017. She was sentenced to death in 2020, and her final appeal was rejected in 2023. She is currently imprisoned in a jail in Sanaa, the capital of Yemen.

The counsel for the petitioner said, "Thanks to the government and many people involved, the death sentence has been postponed. Now, I have this request, first step they postponed as of now, we need to first get the pardon. Blood money becomes the second stage. First, the family (of the victim) has to forgive her. After forgiving, the discussion on blood money. Now, Yemen is a country where anybody cannot go, as there is a travel ban. Unless the government relaxes the ban".

The counsel contended that the Centre can only allow the travel to Yemen.

The bench asked the counsel to approach the government and the concerned authorities will consider it. "Government is already doing so much for you. Taking good care of whatever possible at their end," the bench said.

The counsel said the government, a revered scholar from Kerala, involved in the process, and many other people established contact, as a result the death sentence has been stayed.

"Can a delegation or two or three people from the petitioner organisation and representatives of this cleric, who has contacts…unless the government relaxes the circular, we cannot even go there. Government can consider that…we can go and meet the family (of the victim),” the counsel said.

Venkataramani said he does not think anything can formally happen right now regarding the travel permission. “We will consider but do not put it on record, do not wish to become counter protective," he said.

The bench was informed that as of now there is no date for the execution.

The AG said that means something is working. The counsel said for any other country they could have easily booked a flight but in the present case they need permission from the Centre.

"Please relax the travel ban," the counsel asked.

"We are saying that whatever request they want to make, the government should consider it. We are not mentioning what is the request," the bench said.

The AG said an organisation wants to do a "Good Samaritan job", then it becomes another news.

"I do not think that should happen in this case. We are concerned that this woman should come out safely. We do not want something counterproductive happening. I do not think it will be a different story, if an organisation goes there," the AG added.

The bench was informed that her mother was already in Yemen.

The counsel asked the bench to allow the organisation to file a representation before the government, stating that her mother is a domestic worker and it will be impossible for her to negotiate with the family of the victim.

"As of now, the execution has been stayed. Petitioner wishes to make a representation to the government. Upon a representation being made, the government should consider it on its own merits," the bench said, fixing the matter for further hearing on August 14.