NEW DELHI: Attorney General (AG) R Venkataramani on Friday informed the Supreme Court that it would be best that only the family members of Indian nurse Nimisha Priya, who is on death row in Yemen, are involved in discussions with the victim's kin to seek pardon.
"Family is the only, I think, entity which should be concerned with that. We’re not talking about any outsider to get involved in it. Even with the best of intentions," Venkataramani told the top court's two-judge bench, headed by Justice Vikram Nath and Justice Sandeep Mehta.
The top law officer appearing for the Centre informed the court that Nimisha Priya's execution has been postponed and that "efforts are still on" in the matter.
He emphasised that it is not easy to let any outside entity intervene in the matter and stressed that the government is doing everything possible.
He also added that if an organisation is allowed to intervene, it would facilitate the narrative that the government was unable to do anything.
"There is an organisation which wants to do a good Samaritan job. No difficulty at all. The government says I cannot do something. Then it becomes another news. So you build up on it. I don’t think that should happen in this case,” he said.
"The Government has been trying to push in as many circles as possible. If the Government cannot do it, I don’t know whether an organisation can do it better,” he added.
Senior lawyer R Basant, appearing for Save Nimisha Priya International Action Council (SNPIAC), sought permission from the court to send a delegation to convince the family of the victims to pardon the nurse.
After hearing this, the top court, said, “The Petitioner (SNPIAC), wishes to make some representation to the government, which they are free to move. And once that representation is made, the government would consider it on its own merits."
Basant added that the victim family's pardon was the first priority as blood money comes only in the second stage.
"Now the only request I have is this. We need to get the pardon first. Blood money comes as a second stage. First, the family has to forgive us. After forgiving us, the discussion on whatever the blood money comes,” he said.
Pointing out the situation of a travel ban imposed by India on Yemen, Basant requested the Centre to issue a special permission and arrange for the travel of a delegation to meet the victim's family.
"Now Yemen is a country where anybody can’t go. There is a travel ban… The government of India, on special permission, can allow something," he said.
Highlighting the involvement of Sunni cleric Kanthapuram A P Aboobacker Musaliyar, whose intervention reportedly led to the postponement of the execution, Basant said, "I must inform Your Lordship and the Government of India that a very well-revered religious scholar from Kerala is also involved. All of them put together, the government and many other people and this cleric, they established contact and now the death sentence has been stayed."
“My request is this. A delegation of two or three people from the petitioner organisation and a representative of the cleric who has contacts in Yemen, let them… I could have booked a flight ticket and gone. Here, unless the government permits me and relaxes under this circular, we can’t even go there,” Basant said.
“So, whether the Government can consider that and ideally, if the Government is okay with it, one representative from the Government [can go], but then I cannot, only because I don’t know what the diplomatic consequence for that would be… The only purpose is to meet this family,” he added.
To this, AG R Venkataramani responded that there is little possibility of anything formal happening at this point stressing that there are so many factors, like “inter-country relations that are involved.”
"It’s not as easy as that. I don’t think the Government would mind giving some permission. But if it doesn’t happen, then why should we get involved, and create a problem where the real issue is not solved? So we will certainly consider that, but don’t put it on record," he said.
He clarified that he was requesting so "because what happens is a small slip from somewhere, it becomes news."
"I don’t wish (it) to become counterproductive," he said.
Basant pointed out that Nimisha Priya's mother could travel to Yemen because she aproached the Delhi HC which directed the government to grant permission.
"Same way, I’m not asking for a direction. I’m requesting the Government of India. Please give us that permission… I understand. Sending a government representative may be a diplomatic issue. But we can go on her behalf, negotiate and whatever I’m saying, take forgiveness from the family so that something can work out. For any other country, I would have booked a flight. Here, I need the Government to give me that permission. That clause says that the Government of India, for any specific reason, can permit and relax the travel ban. Please relax it for me," Basant reiterated.
However, Venkataramani stressed that Nimisha Priya's family should be the only entity involved in the process.
"I would personally advise that her family has engaged a power of attorney. Family is the only, I think, entity which should be concerned with that. We’re not talking about any outsider to get involved in it. Even with the best of intentions," he said.
"We are concerned about this woman coming out safely. So all that the government wishes to do is being done. We don’t want to share the details at this point. We don’t want something counterproductive to happen. I don’t think it’ll be a different story if an organisation goes there. I don’t think I visualise that," Venkataramani said.
The petitioner, SNPIAC, had moved the apex court seeking immediate intervention to save Nimisha Priya. The plea made the Central government as the main Respondent, and sought that the apex court should immediately direct the Union to take diplomatic channels to save her.
Priya, who hails from Palakkad in Kerala, was found guilty of murdering Talal Abdo Mahdi in 2017 in Yemen. She was apprehended while trying to flee Yemen and sentenced to death in 2018. She was sentenced to death in 2020, and her final appeal was rejected in 2023.
(With inputs from Online Desk)