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[Kerala woman sentenced to death for murder in Yemen] Can’t direct government to enter into negotiation with deceased’s family: Delhi High Court

Nimisha Priya who worked as a nurse in Yemen, was convicted for a murder in 2017.

It is alleged that she injected one Yemeni national Talal Abdo Mahdi with sedatives so that she could take her passport from him while he was unconscious. Mahdi, however, died of overdose, the plea filed through advocate Subhash Chandran KR said.

It alleged that Mehdi had forged documents to show that he was married to Nimisha Priya. He had sought his help to start her own clinic but he cheated on her financially and later started torturing her, it was stated.

A Yemeni court convicted her for the murder and sentenced her to death in 2020. The sentence was appealed before a Sana’a court, which rejected the case earlier this month.

The plea before the High Court stated that even though another chance of appeal the Yemeni Supreme Court/Supreme Judicial Council exists with Priya, it is unlikely that she will be spared the punishment awarded by the lower court and therefore her only hope to come out of the death sentence is if the victim’s family accepts blood money.

“Now, the only way for her to escape from the death penalty is to gain pardon from the family of the deceased by paying blood money to the family in accordance with the law of land. It is come to know from the lawyer who represented her before the appeal court that the option for „blood money‟ is kept open by the appeal court,” the plea stated.

It said that Nimishal Priya’s only child, a nine-year-old girl, is living in an orphanage, her mother is a domestic help in Kerala and her husband is an auto rickshaw driver. The entire family is facing serious challenges to deal with the ongoing legal processes there, the plea pointed out.

“If family of the victim agreed to pardon her by receiving blood money, the petitioner is unable to pay the same as financial transactions to Yemen are also restricted by the Indian authorities. The petitioner herein as well as the family of Nimisha Priya has made many representations / communications to respondents regarding the case of Nimisha Priya but did not receive any positive reply from them,” the petition said.

Source: Barandbench

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