Pragati Maidan Tunnel: Atishi objects to L-G appointing senior advocate Mahesh Jethmalani as special counsel without informing her

Earlier this year, the PWD had sent multiple notices to the construction major, raising questions over the construction and quality of the six-lane tunnel and asked it to deposit Rs 500 crore for “serious technical and design deficiencies”.

Calling the appointment null and void while alleging that due process of appointment was not followed and a file for the engagement of a special council not put up before her, the minister wrote to the principal secretary (PWD) directing that Jethmalani not appear in the matter, The Indian Express has learnt.

In her communication to the principal secretary, Atishi also raised issues of alleged conflict of interest as Jethmalani has earlier appeared for the Centre and the L-G in unrelated matters, it has been learnt.

Atishi also wrote, it has been learnt, that the Delhi government standing counsel had requested PWD to engage a senior counsel in the matter, since it involved a high-stakes project, but did not receive a response.

When contacted for a comment, a source at Raj Niwas said, “The appointment had been made as per extant rules and the powers conferred upon the Delhi L-G.”

Jethmalani, meanwhile, said, “Atishi’s contentions are totally misconceived. There is no conflict of interest in this matter whatsoever.”

Speaking to The Indian Express, Atishi said the elected government cannot be bypassed in this matter. “This is a transferred subject and any decision regarding it cannot be taken by bypassing the elected government and therefore, the appointment of Jethmalani is void ab initio,” she added.

“It is not a vigilance matter, or a services matter that would fall under the category of a reserved subject. Since it is a transferred subject, the decision lies with the elected government and the L-G should have acted as per the aid and advice of the Delhi government,” she said.

In response to Atishi’s note, the department wrote that it had written to the Law Department on the issue, which said it had not framed any guidelines for the appointment of a special counsel and advised the department to obtain the concurrence of the finance department and the opinion of the L-G. Atishi is also the Delhi Finance Minister.

The department also said that in case there was need for any change in the procedure for the appointment of special counsel, the Law Department would have to amend the guidelines.

The Pragati Maidan Tunnel was inaugurated in 2022, but has run into trouble routinely since because of seepage and waterlogging issues. The 1.3-km long tunnel and the nearby underpasses were aimed at providing hassle-free and seamless connectivity between Central, Southeast and New Delhi. The project cost Rs 777 crore.

Delhi Urban Development Minister Saurabh Bharadwaj, meanwhile, has written to the chief secretary, stating that despite asking for the files related to the project and the action taken twice, he is yet to receive the documents.