Kerala Nurse On Death Row | Delhi HC Permits Mother To Travel To Yemen To Negotiate 'At Her Own Personal Risk'

In a glimmer of hope for a Kerala woman facing the death penalty in Yemen, the Delhi High Court directed the Union government to relax its travel advisory and allow the mother to travel to the war-torn country for the purposes of negotiating the release of her daughter

The Court noted that the negotiation would involve legal option of paying blood money, which is compensation paid by offenders or their relatives to the family of a murder victim. The Court, in its previous order, had directed the Centre to discuss regarding granting permission for the travel with the possibility of paying blood money to save Nimisha Priya from the death penalty.

“In view of the affidavit filed on behalf of Samuel Jerome Baskaran as well as the submission of the learned Counsel for the Petitioner, this Court is inclined to direct the Union of India to relax the notification dated 27.09.2017 in consonance with its Clause 3, for the Petitioner, on the Petitioner filing an affidavit to the effect that she will be travelling to Yemen with Samuel Jerome Baskaran for the purposes of negotiating the release of her daughter Nimisha Priya at her own personal risk and responsibility without any liability to the Government of India or any concerned State Government” the Bench of Justice Subramonium Prasad observed.

Advocate Subhash Chandran K.R appeared for the Petitioner and Senior Advocate Pavan Narang appeared for the Union.

The Petitioner's daughter, Nimisha Priya, a trained nurse, faced legal troubles in Yemen where she was convicted of murder and sentenced to death. The turmoil in Yemen prompted her husband and minor daughter to return to India, while she remained in Yemen. The death penalty awarded to Nimisha Priya has been confirmed by the highest judicial authority in Yemen.

In a previous writ petition (W.P.(C) 4296/2022), the Court had directed the Union of India to assist Nimisha Priya in the judicial process, and an Attorney was appointed for this purpose. The Attorney wrote a letter to the Ambassador of India in Sana’a and Djibouti, suggesting the possibility of an amicable settlement by paying a certain amount, potentially influenced by the Sana’a government. The Petition (W.P.(C) 15577/2023) seeks further intervention in the matter.

The Union of India had issued a travel advisory, declaring Indian passports invalid for travel to Yemen. However, Clause 3 of the notification allowed the Central Government to relax the directive for specific and essential reasons, provided the applicant accepted personal risk without liability to the government.

In response to the Petitioner's plea for assistance in travelling to Yemen for negotiations regarding her daughter's case, two individuals, Samuel Jerome Baskaran and K Sanjeev Kumar, submitted affidavits. Samuel Jerome Baskaran expressed willingness to accompany the Petitioner to Yemen, emphasizing his responsibility and absolving the government of any liability.

Considering these affidavits and the Petitioner's willingness to travel at her own risk, the Court directed the Union of India to relax the travel advisory for the Petitioner. The relaxation is subject to the Petitioner filing an affidavit stating her intent to travel with Samuel Jerome Baskaran to negotiate her daughter's release, assuming personal risk and responsibility without holding the government liable. The Court further instructed the Petitioner to include travel details in the affidavit.

Accordingly, the Court disposed of the Petition.

Cause Title: Prema Kumari v Union Of India

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