Indian nurse on death row in Yemen: Nothing much government can do, Centre tells SC

The Centre on Monday informed the Supreme Court that the government could do "nothing much" in the case of an Indian nurse facing execution on July 16 for murder in Yemen.

Attorney general R Venkataramani informed a bench of Justices Vikram Nath and Sandeep Mehta that the government was doing "utmost possible".

"Having regard to the sensitivity and status of Yemen as a place, there is nothing much the Government of India can do," he said.

He continued, "There is a point up to which the Government of India can go and we have reached that point." Venkataramani said the government recently wrote to the public prosecutor of the area concerned to find out if the execution could be suspended for the time being.

"The Government of India is trying its best," Venkataramani said, "and has also engaged with some sheikhs who are very influential people there." He said the government was keen to save one of its citizens.

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

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 Sana'a, the capital of Yemen.

On Monday, the counsel appearing for petitioner organisation 'Save Nimisha Priya – International Action Council' which extends legal support to assist Priya, said it was a "very unfortunate situation".

"Up to the Supreme Judicial Council of Yemen, the death penalty has been confirmed," he said referring to the country's Sharia law.

He said mother of Priya was there in Yemen along with a social worker to negotiate with the family of the deceased for blood money.

"The only thing that is possible today to avoid death sentence is the family of the deceased agreeing to accept blood money," the counsel said, pointing out they were not asking for funds from the government and would themselves arrange the money.

Venkataramani referred to the Houthis in Yemen and said it was not even diplomatically recognised.

"Blood money is a private negotiation," he said.

The bench said, "They (petitioner) are saying they may be able to arrange for the blood money. The only question is the negotiating link." Venkataramani said Yemen was not like any other part of the world where the government, through a diplomatic process or an inter-governmental negotiation, can sought something.

"It is very complex," he said, "and we don't want to complicate the situation by going too much public".

Venkataramani added, "And probably we got some kind of an informal communication saying probably the execution is kept under abeyance. We don't know how far to believe that." He said there was no way the government could get to know what was really happening in Yemen.

"The real cause of concern is the manner in which the incident took place and in spite thereof, if she looses her life, that is really sad," the bench remarked.

The top law officer said, "It is not a matter where the government can be asked to do something beyond the defined limit. It is not possible." The bench posted the matter on July 18 and asked the parties to apprise the court about the status.

On July 10, the top court agreed to hear the plea after the petitioner's counsel said diplomatic channels were needed to be explored at the earliest.

The counsel said payment of blood money to the family of the deceased permissible under Sharia law could be explored.

He said the family of the victim might pardon Priya if blood money was paid.

The plea cited a media report stating the tentative date of the execution was set on July 16 by the Yemeni administration.

"In 2015, Nimisha Priya joined hands with Talal Abdo Mahdi (Yemen national) to set up her own clinic in Yemen's capital city Sana'a. She sought Mahdi's support because, under Yemen law, only nationals are allowed to set up clinics and business firms," the plea said.

It said in 2015 Mahdi accompanied Priya to Kerala when she came on a month-long holiday.

Priya was sentenced to death by a Yemani trial court and in fact, she is a "victim of war" as she did not get a proper legal defense during those days of serious civil war in Yemen, it added.

According to Yemeni court documents, Priya in July 2017 allegedly drugged and murdered Mahdi and, with the help of another nurse, chopped his body and disposed of the dismembered parts in an underground tank.