Pakistan claims Kulbhushan Jadhav was arrested from Balochistan in 2016 on charges of spying (File)
A new law passed by Pakistan - allowing Kulbhushan Jadhav the right to appeal his death sentence - has the same "shortcomings of the previous ordinance", India said Thursday, adding that the new law had also "failed" to create an atmosphere that will ensure a fair trial in this case.
The government also said that Pakistan "continues to deny unimpeded consular access" to Mr Jadhav - the Indian national convicted of espionage by a Pak military court in 2017 and sentenced to death.
"We have seen reports of Pakistan enacting into law the earlier ordinance ostensibly enacted to bring into effect the judgement of the International Court of Justice in the Kulbhushan Jadhav case," a statement from the External Affairs Ministry said.
"Nothing could have been further from the truth. As stated earlier, the ordinance did not create the machinery for an effective review and reconsideration of Mr Jadhav's case as mandated by the judgement of the ICJ."
"The law simply codifies the shortcomings of the previous ordinance", the ministry said, underlining the fact it had repeatedly called on Pakistan to abide by the letter and spirit of the ICJ judgement.
"Pakistan continues to deny unimpeded and unhindered consular access to Mr Jadhav and has failed to create an atmosphere in which a fair trial can be conducted," the ministry added.
Pakistan claims Kulbhushan Jadhav was arrested from its Balochistan area on charges of spying. India has rejected these allegations, and has said he was kidnapped from the Iranian port of Chabahar.
In 2017 Mr Jadhav was sentenced to death by a Pakistani military court.
In 2019 the International Court of Justice said Pakistan was under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr Jadhav.
The ICJ had ruled that Pakistan was in breach of its international obligations because of the failure to provide consular access to Mr Jadhav.
On June 10 this year the Pakistan National Assembly adopted a bill to give Mr Jadhav right of appeal.
Passed yesterday in a joint sitting of Pak's Parliament, the law seeks to provide further right of review and reconsideration in giving effect to the judgment of the ICJ, news agency PTI reported.
A joint sitting is when differences between the National Assembly and Senate are extreme; in this case the ICJ (Review and Re-consideration) Bill, 2020, was passed by the Assembly but blocked by the Senate.
When the bill was passed in June, India had asked Pakistan to address certain concerns, including an option to reconsider, as mandated by the ICJ.
With input from PTI