Institute of Legal and Management Studies

The Supreme Court on Friday allowed the private organisation, which is taking efforts for the release of Malayali woman Nimisha Priya, to approach the Central Government seeking permission to travel to Yemen for negotiations to stall her execution for the murder of a Yemeni national.

The organisation is seeking permission to allow a few of its members and a representative of Kerala Sunni Islamic leader Kanthapuram AP Aboobacker Musaliyar - whose interventions reportedly led to the stay of the execution - to travel to Yemen to meet the victim's family to further the negotiations. Efforts are underway to negotiate with the victim's family to persuade them to pardon her after accepting 'blood money' as per the Shariat Law.

A bench of Justices Vikram Nath and Sandeep Mehta was hearing a writ petition filed by Save Nimisha Priya International Action Council.

Senior Advocate Ragenth Basant, for the petitioner, informed the bench that the execution, which was scheduled for July 16, was postponed. He submitted that without permisison from the Centre, no Indian can visit Yemen as there is a travel ban in place.

"First step is that the family forgive us, then second stage is blood money. Somebody needs to negotiate with the family. Yemen is a country where not just anybody can go. There is a travel ban unless the government relaxes it. Let 2-3 members of the petitioner and a representative of Kerala Islamic cleric be permitted to go to Yemen. As of now, execution has been stayed. We are thankful to govt of India for all efforts. But we need to go there, there was a revered [Islamic cleric] who intervened..." Basant submitted.

"Ideally, one representative from the government also. If the government deems fit," Basant added. Attorney General for India R Venkataramani however remained non-committal about Government intervention. "I don't think anything can formally happen at this time. We will consider but dont put it on record. There is no next date fixed for execution that means something is working.The family and power of attorney only should be concerned with negotiations. I don't think it will be a different story if the organisation goes there," the AG said.

"We don't want something counter-productive happening. We want this woman to come out safely," AG added.

The bench said that it was not expressing anything on the demand and allowed the organisation to file a representation before the Government. The bench adjourned the hearing, posting the matter for August 14.

To recap, 36-year old Nimisha Priya is facing death sentence for the murder of a Yemeni national in 2017, who allegedly tortured and assaulted her. To retrieve her documents, including passport, from the Yemeni man's possession, Priya apparently tried to sedate him using ketamine, but unfortunately, an overdose caused his death.

Earlier, Priya was scheduled to be executed on July 16. On July 14, the petitioner-organization prayed before the Supreme Court for Union's support to negotiate a pardon for Priya through diplomatic interference. The Union, however, categorically said that its role in the matter was limited, given where Priya is lodged (Houthi-controlled Sanaa). Be that as it may, it assured that "utmost possible" efforts were being made by the government at private level to prevent Priya from the gallows. During the hearing, Justice Mehta noted that the case was "sensitive" in nature and indeed a "sad" one.

Thereafter, a day before Priya's scheduled execution, reports came in that the execution had been postponed with the help of private interventions. The reprieve however was short-lived, as the family of the victim-Talal Abdo Mahdi, whom Priya is accused of killing, came out with a statement that theyvwill not grant pardon to Priya.

Nimisha Priya, an Indian origin nurse from Kerala, was sentenced to death in 2018 for the murder of Yemeni national Talal Abdo Mahdi. As per claims, Talal was Nimisha Priya's business partner but forged documents to show that she was his wife. Allegedly, he even seized her passport and subjected her to physical and mental torture. One day, in 2017, she injected him with sedatives to retrieve her passport. Unfortunately however, Talal died and Nimisha Priya was sentenced to death.

Pursuant to a challenge, Nimisha Priya was tried again. But in 2020, she obtained the same verdict. At that point, the petitioner-Council was formed by her relatives and supporters to secure her release. In 2023, Yemen's Supreme Judicial Council rejected an appeal preferred by Nimisha Priya. Last year, the Yemeni President approved her death sentence.

Recently, the petitioner-organization filed the present petition seeking directions to the Union Government to secure her release from Yemen through diplomatic channels. The petitioner highlighted 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.

Lately, Nimisha Priya's family offered to pay 1 million dollars (Rs.8.6 crores) to Talal's family as 'blood money', a compensation for pardoning her and sparing her life.

Earlier, Nimisha Priya's mother had approached the Delhi High Court seeking permission to travel to Yemen to make efforts for her release. Responding to that petition, the Central Government informed the High Court in November 2023 that the Supreme Court of Yemen had dismissed her appeal. Taking note of that development, the High Court directed the Central Government to take a decision on the mother's representation. The mother had sought permission to travel to Yemen despite a ban on Indian nationals to travel there.

Case Title: SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL Versus UNION OF INDIA AND ANR., W.P.(C) No. 649/2025