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Delhi High Court allows mother of Kerala nurse, who is on death row, to travel to Yemen
India imposed a travel ban to Yemen on September 26, 2017, citing the fragile situation in that country.
The Delhi high court on Tuesday directed the Union government to allow Prema Kumari to travel to Yemen to negotiate, by paying so-called blood money, the release of her daughter, nurse Nimisha Priya who is on death row for murdering a Yemeni man.
India imposed a travel ban to Yemen on September 26, 2017, citing the fragile situation in that country.
Priya was sentenced to death by the trial court in Sana’a, Yemen in 2020 for murdering a Yemeni man and her sentence was upheld by the appeal court in 2022. In November 2023, the Yemen Supreme Court dismissed her appeal . But Yemeni law recognizes the concept of blood money -- where the family of the victim can choose to accept a payment from the accused in lieu of the punishment.
Kumari will be accompanied by Samuel Jerome,an Indian working as a CEO of an airline in Sana’a.
On December 1, the ministry of external affairs advised Kumari to reconsider her decision to visit Yemen because the two countries do not have a diplomatic relationship. The 2017 travel ban was imposed by way of a notification in view of the fragile political and security situation in the country. Indians are only permitted to travel to that country only for “special and essential reasons” or with prior permission from the MEA. The ban continues to remain in force.
The ministry’s response to Kumari’s request came after it was asked to respond to her by the Delhi High Court last month.
Taking note of Jerome’s willingness to travel with Kumari to help her negotiate the payment of blood money, the court directed the latter to file an affidavit indicating the date of her travel and return, stating that she is traveling at own personal risk and responsibility without any liability of the government of India or any concerned state government.
“In view of the affidavit this court is inclined to direct the Union of India to relax the notification dated September 26, 2017 for the petitioner on the petitioner filing an affidavit to the effect that she will be traveling to Yemen with Mr Samuel Jerome for the purpose of negotiating for the release of her daughter at her own personal risk and responsibility without any liability of the government of India or any concerned state government. The date of travel and the date of returning of the petitioner are also stated in the affidavit,” justice Subramonium Prasad said in the order.
The Union government, appearing through advocate Pavan Narang submitted that India neither has any diplomatic ties with Yemen nor any diplomatic presence as it has closed its embassy in Sana’a and would not be able to take responsibility for their safety.
