HC permits mother of Kerala woman to travel to Yemen to save daughter from gallows
New Delhi, Dec 12: The Delhi High Court Tuesday permitted the mother of a Kerala woman, who is on death row in Yemen for killing a Yemeni national, to travel to the West Asian country to negotiate about blood money with the victim's family and save her daughter from the gallows.
Justice Subramonium Prasad directed the Centre to relax its 2017 notification, which barred Indian passport holders from travelling to Yemen, for the petitioner subject to her filing an affidavit that she will travel with another person to the restive nation for negotiating her daughter's release at her own risk and responsibility without any liability to the Government of India or the state government concerned.
The high court took note of the Centre's submission that India does not have diplomatic ties with Yemen and it has closed down its embassy there, and that no international treaty is applicable in that country in the present scenario.
The high court was hearing a plea by Prema Kumari, the mother of Nimisha Priya, seeking facilitation of her travel as well as of three others to Yemen to negotiate with the victim's family about paying blood money to save her daughter.
Blood money refers to the compensation paid by offenders or their kin to the family of a murder victim.
Yemen's Supreme Court had on November 13 dismissed the appeal of Nimisha Priya, who was working as a nurse in the West Asian country, against her sentence.
Priya has been convicted of murdering Talal Abdo Mahdi, who died in July 2017, after she injected him with sedatives in order to get back her passport from his possession.
It was alleged that Priya administered him sedatives so she could take back her passport while he was unconscious but he died of an overdose.
Priya's mother moved the high court earlier this year seeking permission to go to Yemen in spite of a travel ban for Indian nationals and negotiate the blood money to save her daughter.
During the hearing, the Centre's counsel informed the court that the government had issued a notification on September 26, 2017 stating that an Indian passport holder cannot travel to the troubled nation.
The court noted that clause 3 of the notification gives power to the government to relax its provisions for specific and essential reasons for which a limited time may be granted by the central government at the express request of the applicant who will travel at their own personal risk without any liability to the Government of India.
The court observed orally why should there be so much reluctance on the Centre's part for a mother making a last attempt to save her daughter from the gallows.
Advocate Subhash Chandran K R, who represented the petitioner, told the court that the other person who will be travelling with the mother has a valid visa for Yemen and is working there for more than 24 years.
The petitioner's counsel said they will be travelling at their own risk.
The court noted that the man's affidavit said he is ready to travel with Nimisha Priya's mother to Yemen to help her negotiate with the authorities concerned.
The high court said, "In view of the affidavit, this court is inclined to direct the Union of India to relax the notification of 2017 for the petitioner on her filing an affidavit to the effect that she will be travelling to Yemen with the other person for the purposes of negotiating for the release of her daughter at her own personal risk and responsibility without any liability to the government of India or the state government concerned."
The court asked the petitioner to file an affidavit giving the dates of travel and return and disposed of the petition.
The counsel for Priya's mother had informed the high court that the Yemen's Supreme Court, which on November 13 dismissed her appeal and upheld the death sentence, gave her a last option of escaping the gallows by securing a pardon from the victim's family after paying blood money.
The petitioner's lawyer had said a letter informing the family about the Supreme Court of Yemen dismissing Priya's appeal was received on December 1 and her execution can take place anytime.
The 'Save Nimisha Priya International Action Council' had approached the high court last year and sought direction to the Centre to "facilitate diplomatic interventions as well as negotiations with the family of the victim on behalf of Nimisha Priya to save her life by paying blood money in accordance with the law of the land in a time-bound manner".
The petition alleged Mahdi had forged documents to show he and Priya were married and abused and tortured her.
The high court had earlier refused to direct the Centre to negotiate payment of blood money to save Priya's life but asked it to pursue legal remedies against her conviction.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
UDF leaders see local body poll trends as pointer to 2026 Assembly elections in Kerala
Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
ALSO READ: Cong candidate who moved Kerala HC for name reinstatement in voter list, wins
Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
