New Delhi: Terming the appeal filed by Gujarat government in the Best bakery case before the High Court as a "complete eyewash", Supreme Court on September 12 said it had no faith left in the prosecution and Gujarat government to bring rioters to the book.

A Bench, comprising Chief Justice V N Khare, Justice Brijesh Kumar and S B Sinha, said, "What is the rajdharma of government? You quit if you cannot prosecute guilty. Democracy does not mean you will not prosecute anyone."

Ignoring repeated pleas of the Gujarat government that it will amend its prayers and grounds in the appeal before the High Court, the apex court directed the state Chief Secretary and the Director General of Police to appear personally before it on September 19.

The court even suggested that the Gujarat government could think of appointing an independent prosecuting agency in the Best bakery case, the Godhra carnage case and other important riot cases.

Lambasting the Gujarat government for filing such an appeal before the High Court, the court asked, "Is this an appeal? Even a counsel with one- year experience will not draft such an appeal."

"It appears to us that it is an eyewash. It is just an eyewash and nothing else. We will not be silent spectators. We will act if the state keeps silent before the High Court," it said.

The court was reacting angrily when counsel for National Humans Rights Commission (NHRC) P P Rao pointed out how the Gujarat government appeal before the High Court did not even seek a fresh trial in the Best bakery case despite the trial court pointing out gaping holes in the prosecution story.

Of the 43 witnesses in the case, 37 had turned hostile resulting in acquittal of all the 21 accused.

Turning the ire against the manner in which prosecution conducted itself in the trial proceedings, the court said "there is no cross-examination as to why witnesses turned hostile and this shows the nature of the prosecution".

"We do not have any trust in your prosecution agency. There appears to be some collusion between government and prosecution and it is a case where 14 people were burnt alive."

"Is this the way prosecution is conducted before the trial court?" the court asked.

The Chief Justice said, "What impression one will get if one sees this appeal filed in the High Court?"

Appearing for the state, Additional Solicitor General Mukul Rohtagi requested the court to adjourn the matter so that the state government could amend the petition in the High Court to the satisfaction of the Supreme Court.

Not impressed by this, the court said, "The way you have conducted prosecution before the High Court and the way you have filed the appeal, it appears to us that the same thing will be repeated before the High Court."

PTI