India on Thursday said there were shortcomings in a new law enacted by Pakistan that would allow Kulbhushan Jadhav the right to appeal against his conviction and death sentence.
Pakistan had passed the law on Wednesday. The country had been directed by the International Court of Justice in 2019 to ensure a review of Jadhav’s conviction and allow India consular access to him.
Jadhav, an Indian citizen and former naval officer, had been sentenced to death by a military court in Pakistan in April 2017 for allegedly spying for India. Jadhav’s execution was stopped after India moved the International Court of Justice against the verdict in May.
India has repeatedly accused Pakistan of denying it unimpeded consular access to Jadhav.
In a statement issued on Wednesday, the Ministry of External Affairs said Pakistan has failed to create a fair environment for Jadhav’s trial.
“We have seen reports of Pakistan enacting into law the earlier ordinance that was ostensibly enacted to bring into effect the judgement of the International Court of Justice in the Kulbhushan Jadhav case,” foreign ministry spokesperson Arindam Bagchi said. “Nothing could have been further from the truth.”
Bagchi added that new law did not create a system for an effective review and reconsideration of Jadhav’s case as mandated by the International Court of Justice. “The law simply codifies the shortcomings of the previous ordinance,” the government spokesperson said.
The official added that India has repeatedly asked to abide by the “letter and spirit” of the International Court of Justice’s judgement.
Jadhav’s case in the world court
India had approached the International Court of Justice in 2017 against the death sentence handed to Jadhav and Pakistan denying it consular access to him.
India had argued that the lack of consular access to Jadhav was in violation of the Vienna Convention on Consular Relations.
The country maintains that the former naval officer was working on his private business in Iran when he was kidnapped by Pakistan.
In July 2019, the International Court of Justice ordered Pakistan not to execute Jadhav. Following the order, Pakistan allowed India access to the former naval officer. However, India has alleged that Pakistan has not done that.
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