SC to examine plea to save Kerala nurse Nimisha sentenced to death in Yemen

New Delhi: The Supreme Court on Thursday decided to take up a plea for a direction to the Centre to use diplomatic channel to save Nimisha Priya, a nurse from Kerala, sentenced to death in Yemen.

The plea filed by Save Nimisha Priya International Action Council was mentioned by senior counsel, R Basant for an urgent hearing before a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi.

The counsel submitted that, as per Shariat law, a person can be released if the relatives of the victim agree to accept "blood money" and negotiations can be held to explore that option.

He submitted that Priya’s execution is scheduled for July 16.

The counsel urged the bench to hear the case on Friday.

The court asked the counsel to serve the copy to the Attorney General and agreed to hear the matter on July 14.

Nimisha Priya was sentenced to death for the murder of Yemeni national Talal Abdo Mahdi in the year 2017. It was alleged that she injected the deceased with sedatives to retrieve her passport that was in his possession.

The plea sought a direction to the Centre to facilitate effective diplomatic interventions to save her life by facilitating the petitioner to pay blood money (diyah) to the family of the victim in accordance with the law of the land expeditiously.

“Only the respondents here can facilitate effective diplomatic negotiations as well as negotiations to gain pardon from the family of the victim, who are citizens and residents of the Republic of Yemen," the plea said.

It sought a direction for strong and expeditious intervention of Indian authorities to save the life of Nimisha Priya, as the tentative date of execution is already fixed.

“The inaction in not initiating diplomatic interventions as well as negotiations with the family of victim on behalf of Nimisha Priya to save her life by paying blood money in accordance with the law of the land is not only violative of Constitution but also impair and impinges fundamental rights guaranteed under Article 21,” the plea contended.

The plea said the petitioner was ready to raise the quantum of blood money as and when it is finalised by the family of the victim and not demanding any financial assistance from the respondents herein, but only praying for its serious diplomatic interventions to facilitate the negotiations with the family of the victim.