No outsiders, only Nimisha Priya’s family should talk to victim’s kin for pardon, Centre tells SC

The bench said in its order, “Petitioner wishes to make some representation to the government, which they are free to move. And once that representation is made, the government would consider it on its own merits.”

“I would personally advise… Her family has engaged a power of attorney. Family is the only, I think, entity which should be concerned with that. We are not talking about any outsider getting involved in it. Even with the best of intentions,” Venkataramani said.

The Council has filed a plea seeking its intervention to save the life of the Kerala nurse.

Yemen travel ban

Basant thanked the Government and others involved for their efforts to defer the death sentence of Nimisha Priya. “So that’s a first step. Now the only request I have is this. We need to get the pardon first. Blood money comes as a second stage. First, the family has to forgive us. After forgiving us, the discussion on whatever the blood money comes,” said Basant.

“Now Yemen is a country where anybody can’t go. There is a travel ban… The government of India, on special permission, can allow something.”

“Of course,e the government will consider it. The government is already doing so much for you. Taking good care of, whatever possible at their end…,” said Justice Nath.

To which, Basant said, “Absolutely. I must inform Your Lordship and the Government of India that a very well-revered religious scholar from Kerala is also involved. All of them put together, the government and many other people and this cleric, they established contact and now the death sentence has been stayed.”

His submission apparently was about claims made by Sunni cleric Kanthapuram A P Aboobacker Musaliyar that he had intervened to get the execution of Nimisha Priya postponed.

“My request is this. A delegation of two or three people from the petitioner organisation and a representative of the cleric who has contacts in Yemen, let them… I could have booked a flight ticket and gone. Here, unless the government permits me and relaxes under this circular, we can’t even go there,” said Basant.

“So, whether the Government can consider that and ideally, if the Government is okay with it, one representative from the Government [can go], but then I cannot, only because I don’t know what the diplomatic consequence for that would be… The only purpose is to meet this family,” he added.

‘Not as easy’

However, Venkataramani said, “I don’t think anything formally can happen at this point.” He added that there are so many factors, like “inter-country relations that are involved”. “It’s not as easy as that. I don’t think the Government would mind giving some permission. But if it doesn’t happen, then why should we get involved, and create a problem where the real issue is not solved? So we will certainly consider that, but don’t put it on record.”

The court made it clear that it was not putting anything on record.

AG Venkataramani said he was requesting so “because what happens is a small slip from somewhere, it becomes news”. “I don’t wish (it) to become counterproductive.”

The bench inquired whether the postponement of execution is indefinite or if a specific date has been set. “As of now, there is no date,” said Basant. “Which means something is working,” added the AG.

Basaant said Nimisha Priya’s mother could go to Yemen because she had approached the Delhi High Court, which had asked the government to grant her permission.

“Same way, I’m not asking for a direction. I’m requesting the Government of India. Please give us that permission… I understand. Sending a government representative may be a diplomatic issue. But we can go on her behalf, negotiate and whatever I’m saying, take forgiveness from the family so that something can work out. For any other country, I would have booked a flight. Here, I need the Government to give me that permission. That clause says that the Government of India, for any specific reason, can permit and relax the travel ban. Please relax it for me,” submitted Basant.

Venkataramani said, “I would personally advise that her family has engaged a power of attorney. Family is the only, I think, entity which should be concerned with that. We’re not talking about any outsider to get involved in it. Even with the best of intentions”.

He added, “what happens” if the court gives a direction to the Government “is (suppose) there is an organisation which wants to do a good Samaritan job”. “No difficulty at all. The government says I cannot do something. Then it becomes another news. So you build up on it. I don’t think that should happen in this case.”

“We are concerned about this woman coming out safely. So all that the government wishes to do is being done. We don’t want to spare the details at this point. We don’t want something counterproductive to happen. I don’t think it’ll be a different story if an organisation goes there. I don’t think I visualise that,” Venkataramani said.

“The Government has been trying to push in as many circles as possible. If the Government cannot do it, I don’t know whether an organisation can do it better.”

As the bench queried what can be done, Venkataramani said, “It’s a very difficult situation?