The Delhi high court on Tuesday directed Centre to allow the mother of Kerala nurse Nimisha Priya, who has been sentenced to death in Yemen for murdering a Yemeni man, to travel to the West Asian country to save her daughter from the gallows.

The court asked Centre to relax the travel ban imposed on September 26, 2017, for Priya’s mother to visit the country along with Samuel Jerome, an Indian man working as the chief executive officer (CEO) of an airline in Sana’a, for negotiating with the victim’s family to pay blood money.

Priya was sentenced to death by a trial court in Sana’a in 2020 and her sentence was upheld by the appeal court in 2022. In November 2023, the Yemen Supreme Court dismissed her appeal but kept the option of paying blood money open.

The travel ban to Yemen was imposed by way of a notification in view of the fragile political and security situation in the country. Indians since then have been 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 of external affairs (MEA) on December 1 had advised Priya’s family to reconsider their decision to visit Yemen in view of the ministry’s inability to arrange facilities for the family due to the absence of official ties of the Indian government with the government in Sana’a. “There are no formal relationships established with the current dispensation in Sana’a. You will also be aware that in the last few months, regional developments have become more challenging and safety of travel consequently a greater concern,” the letter written by MEA official Tanuj Shankar to Priya’s mother Premakumari had stated.

Taking note of Jerome’s willingness to travel with Kumari to help her in negotiating with the authorities concerned, the court directed her mother to file an affidavit indicating the date of her travel and return and stating that she is travelling at own personal risk and responsibility without any liability of the government of India or any state government concerned.

“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 travelling 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 state government concerned. 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.

Center, appearing through advocate Pavan Narang, had submitted that India neither had any diplomatic ties in Yemen nor any diplomatic presence as it had closed its embassy in Sana’a over the conflict and this could lead to a situation where India would not be able to take responsibility for their safety.

Prema Kumari, appearing through advocate Subhash Chandran, said her daughter could be saved from the gallows by paying blood money to the victim’s family. The mother said she wanted to explore that option in a desperate measure to save her daughter. Chandran added that the mother was willing to go with Jerome at her own risk without any liability of the government.