Can blood money & diplomacy save Nimisha Priya in time? | Ep 138

[00:00:00] Hi and welcome to News Break. This is Harita Benjamin and today we are here to discuss the case of Nimisha Priya, the Kerala nurse who is on a death sentence in Yemen.

[00:00:13] Today we have with us Advocate Subhash Chandra, Nimisha Priya's family lawyer to discuss the case with us.

[00:00:19] But before we proceed into the questions, let's take a quick recap of what happened in Nimisha Priya's case.

[00:00:27] Nimisha Priya reached Yemen's Sanaa in 2011 as a nurse. Though her husband and daughter were with her at the time, the family returned to India in 2014 following a financial crisis.

[00:00:38] Nimisha Priya, who stayed back in Yemen, collaborated with a local, Talal Abdu Mahadi, to open a clinic there.

[00:00:44] But Talal allegedly forged documents to falsely claim marriage to her and subjected her to severe physical and emotional abuse.

[00:00:52] He allegedly confiscated her passport and extorted money from her clinic. In 2017, Nimisha and a helper gave Talal a sedative to get her passport back.

[00:01:04] Unfortunately, the sedative caused his death and she was arrested and sentenced to death in 2020.

[00:01:10] So, Yemen's top court upheld the sentence in 2023 and their president approved it on December 30, 2024.

[00:01:17] So, this is the case of Nimisha Priya so far. And now let's speak to advocate Subhash Chandra to see what the status is of the case.

[00:01:26] Thank you.

[00:01:26] All right. So, the latest news which we heard about the Yemeni president approving Nimisha's death sentence gave us a shock.

[00:01:36] It felt like all hope was lost after, you know, months and years of toil.

[00:01:41] So, what is the scope of negotiation right now?

[00:01:45] Yeah, actually, there is. There is a scope of negotiation as the Sharia law prevails in Yemen.

[00:01:52] So, according to Sharia law, the victim's family has to take the final call.

[00:01:56] Right.

[00:01:56] In this case, the family has not come to the negotiation table for the blood money negotiation.

[00:02:03] So, that's why the Nimisha Priya International Action Council is urging the Indian government,

[00:02:08] the Ministry of External Affairs, to bring the victim's family to the negotiation table for the blood money negotiation.

[00:02:14] And we made it clarified that we are not expecting even a single penny from the government of India.

[00:02:20] We, the Nimisha Priya International Action Council, is ready to raise as crowdfund whatever amount is demanded by the victim's family.

[00:02:28] Whatever amount is demanded by the victim's family, we are ready to raise that amount as crowdfund and transfer it to the concerned person.

[00:02:36] But according to the prevailing situation in Yemen, there is a travel ban from the Indian government since 2016.

[00:02:42] So, this is not like any other GCC country.

[00:02:45] Right.

[00:02:45] We are unable to travel to Yemen.

[00:02:48] And moreover, there is no Indian diaspora working there.

[00:02:52] So, no Indian prominent activists are there.

[00:02:55] So, we are handicapped in this matter.

[00:02:59] The Nimisha Priya Action Council or the persons who are helping us, we are, in a way, we are handicapped

[00:03:05] because we are unable to reach out to the victim's family.

[00:03:08] So, we need a strong support from the Ministry of External Affairs or the government of Yemen

[00:03:13] to contact the victim's family and bring them to the negotiation table.

[00:03:18] Okay.

[00:03:19] So, now let's talk about the blood money.

[00:03:21] There is a lot of confusion with regard to the funds, you know, which have been dispatched.

[00:03:25] So, I believe an initial amount of $40,000 have already been paid as pre-negotiation money.

[00:03:32] So, is this different from the blood money?

[00:03:34] And what was this pre-negotiation money actually paid for?

[00:03:38] And, yeah, could you clarify that aspect for us?

[00:03:42] Actually, this is very interesting.

[00:03:44] So, in any of the GCC countries or where the Sharia law is prevailed, there is no pre-negotiation amount.

[00:03:50] But here, I mean, the situation is something different.

[00:03:55] So, Nimisha didn't get any proper legal defense during her trial in the trial court.

[00:03:59] Okay.

[00:04:00] She was convicted.

[00:04:01] She was supposed to sign many confessional documents in Arabic language and there was no interpreter

[00:04:05] or the documents were in Arabic.

[00:04:08] So, she couldn't understand.

[00:04:09] And she signed that.

[00:04:09] And that led to her descendants.

[00:04:12] So, when this news came in, I think, in some Malayalam news sources like Manu Arama and some other news sources,

[00:04:18] we came to know about this.

[00:04:19] And I joined the Nimisha Free Action Council in a later stage.

[00:04:22] But some activists, they came to know about this.

[00:04:25] And they formed an international action council to save the life of Nimisha.

[00:04:30] Okay.

[00:04:30] And since then, we are making a pressure on the government of India.

[00:04:34] We are writing the letters.

[00:04:35] We are making many representations to the different officials.

[00:04:41] So, finally, the government appointed a lawyer to defend Nimisha in the appeal court, the first

[00:04:47] appellate court.

[00:04:48] And he appeared for her in the Supreme Judicial Council also.

[00:04:52] So, this lawyer later, in a later stage, he demanded 40,000.

[00:04:57] He made a request to pay 40,000 USD.

[00:05:01] That would be around 36, 37 lakh Indian rupees.

[00:05:05] That's in two installments for the free negotiations.

[00:05:08] So, we were asking why this is.

[00:05:10] So, he said that the tribal system is going on in the CMN.

[00:05:16] So, we will have to convince the tribal leaders first.

[00:05:19] Then only they will talk to the victim's family.

[00:05:22] So, anyway, we agreed.

[00:05:23] Considering the situation, we agreed to that demand.

[00:05:26] And we paid 20,000 USD eight months before when Nimisha's mother left to Yemen.

[00:05:33] So, at that time, we paid 20,000 USD as initial.

[00:05:37] As they demanded.

[00:05:38] The first installment, we paid 20,000 USD.

[00:05:41] And they were demanding to send it to the lawyers at home.

[00:05:45] So, we said we cannot do that because we are raising this fund from the public fund.

[00:05:49] So, we can send it to the Indian Embassy only.

[00:05:51] And finally, Indian Embassy agreed to that.

[00:05:54] And we sent the 20,000 USD to Indian Embassy.

[00:05:56] And Indian Embassy released that amount to the lawyer.

[00:05:59] So, then we were waiting for the updates.

[00:06:02] The updates of the first negotiation.

[00:06:06] So, unfortunately, we didn't get any updates from the lawyer or the person who was handling there.

[00:06:11] So, repeatedly, the Nimshapri Action Council was asking, I mean, officially by through emails and through the WhatsApp chat to update the details of the negotiation.

[00:06:23] But we didn't get any updates.

[00:06:25] And finally, they started asking the second installment.

[00:06:28] So, almost eight months elapsed.

[00:06:31] So, we were also in difference of opinion in our organization.

[00:06:36] The same Nimshapri Interlations.

[00:06:37] So, a group of these office bearers were reluctant because since we didn't receive the update or the status of the first negotiation.

[00:06:45] They said we should wait till the update comes.

[00:06:49] Then only we should send the second installment.

[00:06:51] Second installment.

[00:06:52] Okay.

[00:06:52] Yeah.

[00:06:53] But anyhow, considering the urgency, we sent the second installment on 27th of December this month.

[00:07:00] No, not this month.

[00:07:01] The last week.

[00:07:02] Yes.

[00:07:02] 26th of December, we sent the remaining 20,000.

[00:07:06] Yes.

[00:07:06] As they demanded the total amount.

[00:07:07] In total, 40,000 we have paid to the lawyer there and the persons who are dealing there through Indian Embassy.

[00:07:14] And unfortunately, within three days, this news came.

[00:07:18] This breaking news came like the president given the approval for the Nimshapri.

[00:07:23] So, it's like we do not know what's happening there.

[00:07:27] Okay.

[00:07:28] And many legal experts and many either this Pravati leaders, the Indian diaspora leaders in other GCC countries,

[00:07:34] they made it clear that there is no system in the Sharia law as like pre-negotiation amount.

[00:07:41] But anyway, these persons who are dealing there, they demanded that and we paid that.

[00:07:46] Still, we are in a dilemma.

[00:07:48] Actually, we didn't get any kind of relief.

[00:07:51] Okay.

[00:07:52] So, there was a delay of a few months from the time the lawyer demanded the second installment.

[00:08:00] And the time it was paid, right?

[00:08:02] Which was paid on December 27th, as you said.

[00:08:05] So, what was the reason for the delay of these few months?

[00:08:08] So, the lawyer agreed to do the negotiations there.

[00:08:13] And he himself, the lawyer and the activists who are helping us there,

[00:08:18] they themselves said we will have to pay the amount in two installments.

[00:08:22] And first, they will receive the first installment of 20,000 USD.

[00:08:25] And they will update us what is the status.

[00:08:27] Then only we need to pay the second installment.

[00:08:29] So, we paid this eight months before the 20,000 USD.

[00:08:32] But we didn't get any update.

[00:08:34] Even thereafter, we didn't get any update.

[00:08:37] Still, we thought this is a matter of life.

[00:08:39] So, we should pay.

[00:08:40] We should not make any delay.

[00:08:41] Then, even without the entire committee or the office players are not concurring with this decision.

[00:08:49] Still, a group of the Nimshapri Action Council, they sent this remaining 2,000 USD

[00:08:55] without the concurrence of the other members of the Action Council.

[00:08:59] Right.

[00:08:59] Anyway, the amount reached there.

[00:09:01] So, still we didn't get the update.

[00:09:03] What has happened after the first negotiation, after receiving the USD of 20,000.

[00:09:09] So, this was the delay.

[00:09:11] And still, we are not...

[00:09:13] See, actually, we are kept in the black.

[00:09:16] We...

[00:09:18] The lawyers think like we are pumping...

[00:09:21] The money pumping machine only.

[00:09:23] Right.

[00:09:24] We are not responsible for any...

[00:09:26] We are not getting any updates, any details of the discussion there.

[00:09:31] So, the problem is everybody in Kerala, they know about the blood money negotiation.

[00:09:37] I mean, many raise this question.

[00:09:39] Why this pre-negotiation?

[00:09:40] Because there is no provision for the re-negotiation in the Sharia law.

[00:09:43] We will have to discuss with the family and they will decide the final amount and we will have to pay that.

[00:09:48] So, anyhow, this lawyer and the other person, they demanded this.

[00:09:54] We agreed to that and we paid that.

[00:09:56] Still, we didn't get any relief.

[00:09:57] So, this is the issue.

[00:09:59] The issue which is discussed now.

[00:10:02] Okay.

[00:10:02] So, now, Nimisha Priya's mother had visited Yemen a few months back, right?

[00:10:08] Last year.

[00:10:08] So, has her presence in Yemen actually created a difference in the negotiation process?

[00:10:14] Because right now, even, you know, they haven't been able to meet the family yet and there has not been a direct talks yet.

[00:10:22] It's always through the lawyer, right?

[00:10:24] So, how has it made the difference, you know, her presence in Yemen?

[00:10:28] That is the surprising thing.

[00:10:30] Actually, initially, they were saying that somebody from the very close relative should be there for the blood money negotiation.

[00:10:36] And we, Nimisha Priya Action Council, we made a request to the government of India for her travel permission.

[00:10:42] So, the government of India, the Ministry of External Affairs denied that.

[00:10:46] Then I filed a petition on behalf of the mother and Nimisha Priya Action Council before the Delhi High Court.

[00:10:51] And the Delhi High Court granted that, directed the Ministry of External Affairs to give the permission.

[00:10:56] And with that permission, she traveled to Yemen.

[00:10:58] And in the last eight, more than eight months, she is staying there.

[00:11:02] She is staying there.

[00:11:03] She met with her daughter and she stays with an Indian there.

[00:11:07] But she was not involved in any kind of negotiation.

[00:11:11] So, initially, the lawyer and others were saying that the close relative should be there for the blood money negotiation.

[00:11:18] If they have done anything, why they didn't take her to the negotiation?

[00:11:24] Right.

[00:11:24] So, she stays in a home or room there in the last eight months.

[00:11:30] She was not taken to the victims' family or the tribal leaders for the negotiation.

[00:11:34] She could have made an emotional appeal to the tribal leaders or the Yemeni authorities or the victims' family.

[00:11:41] But she was not taken.

[00:11:43] We should understand.

[00:11:44] She does not know Hindi, English, any other language other than Malayalam.

[00:11:48] Right.

[00:11:48] And she needed 100% support there.

[00:11:52] But the persons who are dealing, they didn't take her for the negotiations or any kind of discussion there.

[00:11:58] So, we are also...

[00:11:59] Then we said...

[00:12:00] We told them, you send back to her India.

[00:12:03] And we only paid her expenses, her flight ticket and everything.

[00:12:07] And we are ready to take care of her return expense also.

[00:12:10] But she was not participated in any kind of discussion yet.

[00:12:14] So, we do not know why she is kept in there in Yemen.

[00:12:18] So, it's very...

[00:12:19] Many things are...

[00:12:21] It has to be discussed and it should come to the light because of the utilization of the funds.

[00:12:29] Why mother is kept almost more than eight months there.

[00:12:32] And why she is not brought to the negotiation or the discussion table.

[00:12:36] So, all these things are not clear to the International Action Council also.

[00:12:41] Right.

[00:12:41] So, now let's talk about the government's level of interaction and negotiation.

[00:12:46] Now, the absence of an Indian embassy in Yemen has impacted these negotiations, right?

[00:12:51] Like how...

[00:12:52] Like the fact that we don't have a diplomatic tie with the Houthis.

[00:12:57] Is that impacting the negotiation a lot?

[00:13:00] Actually, it impacts the negotiation process.

[00:13:04] Right.

[00:13:04] But still, if the government of India or the Ministry of External Affairs has a willpower,

[00:13:10] they can manage these things.

[00:13:11] Because a few Yemeni nationals are there who used to work with...

[00:13:16] Who was working with the Indian embassy in the Indian mission there.

[00:13:19] They are still continuing with the Indian mission.

[00:13:21] They are local.

[00:13:23] But they are still continuing with...

[00:13:25] I don't want to name them.

[00:13:26] But many Yemeni nationals are working there.

[00:13:30] And when mother went there, they met her there in the office.

[00:13:33] And they only took her to the jail to meet in Imshapriya.

[00:13:39] So, means we have some presence is there.

[00:13:42] Indian government has some presence is there.

[00:13:45] And still, India is not operating an embassy from there.

[00:13:48] But it operates an embassy earlier from Chikotty.

[00:13:52] And now it's from Riyadh.

[00:13:53] Right.

[00:13:54] So, Indian mission is there, which is handling Yemen, the country of Yemen.

[00:14:00] So, it operates from a different country.

[00:14:03] And now, see, fortunately, yesterday news came that Iran is ready to intervene to this issue.

[00:14:11] So, Iran is the best option.

[00:14:13] Because Iran has a good relation with the Houthis, the present rulers in Yemen.

[00:14:20] So, India has a good relation with Iran also.

[00:14:24] So, Indian government can, the Ministry of External Affairs, can very easily do something with the help of Iranian government.

[00:14:32] And once Iran intervenes, we are hopeful that something good result will be there.

[00:14:39] Okay.

[00:14:39] Things are likely to speed up, right?

[00:14:42] Yeah.

[00:14:43] Yeah.

[00:14:43] Okay.

[00:14:43] So, I think, you know, to wind up, could you tell us what would be the immediate steps which would be taken by the, you know, Save Nimishapriya Action Council?

[00:14:54] And, you know, because the President's approval implies that the sentencing would happen, you know, sooner or later, right?

[00:15:01] So, what could be the immediate steps that would be taken?

[00:15:05] And how are they going to impact this entire case?

[00:15:09] So, in the last four years, since the organization started in 2020, our first demand is the intervention of the Indian government.

[00:15:18] Because considering the political situation in Yemen, the Indian government can only facilitate the negotiation process.

[00:15:25] So, since then, we are requesting and still we are requesting the intervention of the Indian government.

[00:15:31] The Ministry of External Affairs is very necessary.

[00:15:33] And Indian government is the major stakeholder to do something in this matter.

[00:15:38] So, India should demand the Iran or any diplomatic channel to bring the family or India should act to bring this victim's family to the negotiation table.

[00:15:47] And we made it clear that we are ready to pay.

[00:15:49] We don't want any money from the government of India.

[00:15:52] And this should be done within a time frame, within a short period.

[00:15:56] So, then only we can save the, we can do something to save the life of Nimisha.

[00:16:01] So, we request everyone, whoever is listening to this podcast or whoever is worried about the life of an Indian nurse.

[00:16:11] So, we should act proactively.

[00:16:14] We should demand, we should make a pressure to the government of India to do something immediately to save the life of Nimisha.

[00:16:21] Right. And are there any indications on what would be the blood money which is going to be demanded by the family?

[00:16:29] Are there any indications on that front or that would be decided only at a later stage when there is, when they come directly to the table of negotiation?

[00:16:37] There is no fixed amount in the blood money.

[00:16:42] So, it could be a single Yemeni real also.

[00:16:45] If the family agrees to receive a single Yemeni real and pardon her, or that might be a huge amount also.

[00:16:52] So, it all depends on the family, family of the victim.

[00:16:55] So, they can decide when they are coming to the negotiation table and they can even deny also.

[00:17:00] It's their choice.

[00:17:01] It's their prerogative.

[00:17:02] So, if they are agreeing to receive the blood money, that may be a nominal amount.

[00:17:07] That might be a huge amount.

[00:17:09] So, it all has to be decided by that.

[00:17:12] The final call has to come from the victim's family and we cannot make any comments on that now.

[00:17:16] On that right now.

[00:17:17] Okay.

[00:17:18] So, I think with that, we can wind up today's conversation.

[00:17:21] Thank you so much, Advocate Subhash Chandra, for joining us.

[00:17:25] We hope and pray that, you know, Nimisha Priya would come back home safe.

[00:17:29] And all the best with all your endeavors on this respect.

[00:17:32] Thank you for joining Newsbreak.

[00:17:34] This is Harita Benjamin signing off.