"Let It Be Informal Communication": Supreme Court On Plea Seeking Diplomatic Intervention In Nurse Nimisha Priya's Execution in Yemen

The Supreme Court heard the PIL seeking diplomatic intervention to save the life of Nimisha Priya and observed that let the communication of settlement be informal as it does not want the communications come to public because it may unsettle the matter further.

The Supreme Court today heard a Public Interest Litigation seeking diplomatic intervention for saving the life of a Nurse, Nimisha Priya, who has been convicted for a murder of a citizen of Yemen and has been sentenced to death. The tentative date for execution of Nimisha Priya has been fixed on July 16, 2025 by the Yemen administration.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta observed, "We don't want these communications to come in public...they may unsettle the matter...the options are here, the AG is already there, the Government is supporting, making all the efforts. So, let it be an informal communication. There isn't anything to brought on record."

Advocate Subhash Chandran K.R, appearing for the Save Nimisha Priya – International Action Council submitted, " I know the dimensions of the Court...What we want today is...upto to the Supreme Judicial Council In Yemen the death penalty has been confirmed...16th July is the date fixed. Now, all that is realistically possible is under Sharia Law. Under Sharia Law there is a concept of blood money...we are not asking for the funds from the Union because this organisation have enough Good Samaritans etc. who are willing to contribute. There is a civil war in Yemen, there is a travel restrictions, Indians cannot freely go there. Now, thanks to the intervention of the Delhi High Court, the mother of the lady...she is there along with a social worker, but she is a domestic worker, who only knows Malayalam, doesn't even know English. So, to negotiate with the family, any Diplomatic intervention is not adversial at all. We are only requesting the efforts of Union of India, if any intervention at the Embassy level to negotiate with blood money...not funds, we are not asking for funds. Funds, it is upto us if the family agrees... So the only thing that is possible today to avoid death sentence is the family of the deceased agreeing to accept the blood money."

While Attorney General of India, AG Venkataramani submits, "There is nothing much the Government can do...looking at the sensitivity of Yemen...it's not diplomatically recognised...blood money is a private negotiation."

Justice Mehta said, "That they are saying...that they may be able to arrange the blood money, only question is negotiating link."

"Negotiating the link has also been done. There is a point up to which the Government of India can go. We have reached that point. Even recently we have written to the Public Prosecutor of the area concerned to find out if the execution can be suspended for the time being. Every minute the Government of India is trying to do its best", the AG responded.

Justice Mehta questioned whether there is no Embassy in Yemen, to which the AG replied that there is no Indian Embassy there.

The AG further informed the Court, "It is not like any other part of the world where through diplomatic process or an inter-governmental negotiation can stop something. It is a very complex situation...if it was the universally recognised part of Yemen, then we could have done something...all these are very confidential matter...we did not want to complicate situations by going too much public, we are trying to do as much as possible at private level...and probably we got some kind of informal communication that the execution has been kept under await...probably, we do not know how far to believe that."

Justice Mehta while raising concern over the matter said, "The real cause of concern is stance of the girl, the manner in which the incident took place and inspite that if she loses her life that is sad."

"It is not a matter where the Government can be asked to do beyond the defined limit", the AG submitted.

Upon which the Court said, "This plea coming from the petitioner that they have managed to collect the blood money...Can the Government...give us one thread."

The AG submitted, "since the question today is not whether the money will be accepted or not by the family...we are not going to get into it. If it is a question of more money, we do not know. Therefore, if it is a question of more money and we get know it, then there is a room for negotiation...so that I think we have not sensed a room for negotiation so far."

The AG assured the Court that the Government is trying to do all possible things to ensure that the execution is stayed.

After hearing the submissions of the AG, Justice Nath asked the Petitioner, "What do you want from us?"

"The Embassy there...the Embassy of Riyadh handles the Yemen issues, there are local staff. So, now when the mother goes to jail everyday, the local Embassy officials accompany her to the jail... now the problem is that the good Samaritans are not able to get in and negotiate because of the country...not able to freely got there. So, we are just hoping anybody from the Government can negotiate...like the lordships very correctly put the negotiating link...that is the small link we are asking for", the Counsel appearing for the Petitioner replied.

The AG further informs the Court that such efforts are already being taken by the Government and the Government is certainly keen to save one of its citizens. However, there is no institutions where the Government can direct to take actions regarding the matter.

The Counsel for the Petitioner further submitted, "Suppose any link they are able to establish or they have already established like the Ld. AG has already said...let the death sentence not happen because of the money, because if they want higher money...everything we are willing."

Upon which, Justice Mehta asked, "How can that order be passed...who is going to respect that order?"

The Counsel replied, "We are not saying the direction...only request the Government of India."

"They must be doing it...that execution could be suspended for sometime, but there is no official communication...after trying whatever is possible at there end, we will again keep it again after two-three days and see what is the outcome, that's all we can do...or we can dispose it on the statement that the Government of India is taking all possible steps", said Justice Nath.

The Counsel requested, "The Lordship may keep the matter pending...assuming somebody there sees it that the Supreme Court of India is in conscious of the matter...we don't know, we are living on hope...if one person makes a difference anybody there...let that make a difference."

Further, the AG informed the Court that the Joint Secretary, Gulf, Ministry of External Affairs instructed him about the situation. "These are very confidential matter", the AG added.

Upon which the Court said, "We don't want these communications to come in public...they may unsettle the matter...the options are here, the AG is already there, the Government is supporting, making all the efforts. So, let it be an informal communication. There isn't anything to brought on record."

The matter is again listed before the Court on the July 18 (Friday) to apprise the Court about the status of the case.

Case Background

A PIL was filed by Save Nimisha Priya – International Action Council, an organisation formed to assist Nimisha Priya and her family. Nimisha Priya was working as Nurse in Yemen for more than a decade, however, her husband and minor daughter returned to India in 2014 due to civil war in Yemen.

Nimisha has been convicted for the murder of a citizen of Yemen, named Talal Abdo Mahdi. It is the case of the organisation that Mahdi had abused and harassed Nimisha Priya, forged documents to claim that she had been married to him and also seized her passport.

On the suggestion of warden of local Jail, Nimisha gave sedatives to Mahdi to retrieve her passport, however, due to overdose of drugs, Mahdi died. The trial court sentenced her to death and her appeals to the first appellate court and the Supreme Judicial Council of Yemen were dismissed. However, the option of 'blood money' was kept open by the first appeal court, wherein, Nimisha can gain pardon from the family of the deceased by paying blood money to the family in accordance Shariah Law.

Cause Title: Save Nimisha Priya International Action Council Subhash Chandran K.R Versus Union Of India And Anr (W.P.(C) No. 649/2025 PIL-W)