A political party in India has criticised New Delhi approaching International Court of Justice over Kulbhushan Jadhav, calling it Modi government’s “diplomatic failure”, reported Hindustan Times.

“From inviting the Inter-Services Intelligence to Pathankot (in Punjab) to going for a wedding in the Nawaz Sharif family to the ICJ now, Modi’s Pakistan policy is marked only by its absence,” said Communist Party of India (Marxist) General Secretary Sitaram Yechury.

“By setting this precedent, let’s hope the government is able to handle it better, unlike its record of botching up things so far.”

A spokesperson for the international tribunal said on Thursday ICJ did not stay the execution of Jadhav rather it has only received an application from India in this regard.

India on Tuesday said the International Court of Justice had passed orders halting the death sentence announced to Kulbushan Jadhav by a Pakistani military court.

It said the court passed the orders in wake of an appeal by New Delhi in which it had accused Pakistan of "egregious violations of the Vienna Convention".

Kulbushan Sudhir Jadhav was arrested on March 3, 2016, in Balochistan, which has seen a long-running conflict between Pakistani security forces and a militant separatist movement.

The Pakistani military said in a statement he had confessed to being tasked by India's intelligence service with planning, coordinating and organizing espionage and sabotage activities in Baluchistan "aiming to destabilize and wage war against Pakistan".

The sentence was passed by a Field General Court Martial and confirmed by Army chief General Qamar Javed Bajwa. The military did not announce any date for the execution.

External Affairs Minister Sushma Swaraj said India would take up the issue with Pakistan at the highest level to ensure that justice was done to Jadhav.

Swaraj dismissed Jadhav's trial as a farce and said Pakistan had ignored 13 separate requests in the past year to be permitted to offer him consular services.

Sartaj Aziz, Prime Minister Nawaz Sharif's adviser on foreign affairs, said Jadhav was entitled to file a mercy petition to the Army chief if an appellate court upholds his conviction.