Statement of Facts

1. The Union of Ganarajya which got its independence in the early 1990s. As per the Constitution,
Union of Ganarajya is a Quasi-Federal Country with a parliamentary form of Government, with the
President as its figurative head and the Prime Minister as the head of the Executive, and the
Constitution is considered to be ‘Grundnorm’.
2. The SMS party formed the Government at the Centre Level, with Mr. JL Cooper as its first Prime
Minister. Pertinently, as per the governing document of the SMS Party, the President has been
vested with powers. In the year 2009, Mr. SL Cooper was elected as the President of the Party.
After the win in General Elections of 2010, Mr. SL Cooper declined to the Prime Minister of
Ganarajya and instead nominated Mr. CN Ray as the Prime Minister.
3. Ganarajya was a signatory to many conventions and treaties including UN Convention on Civil and
Political Rights, 1966 and UN Convention against Torture, and other Cruel, Inhuman or Degrading
Treatment or Punishment.
4. In the year 2014 there was large scale worldwide break out of a fatal disease known as Elisicoma.
After months of intense research, HealingHumans, a company incorporated in Italy invented the
cure to the said disease, a drug named ‘Elisica’. However, the cost of the drug was very high and
was valued at approximately 15,000 Ganarajya Rupees per tablet.
5. As per the then WHO report, Ganarajya was among the 3 most affected nations across the globe.
Ganarajya government was under immense pressure to provide its people with a cheaper cure or
provide Elisica at a cheaper cost.
6. While so, Dhanvantri Co., a public company claimed to have invented a much cheaper cure for
Eliscoma. The said cure was also submitted to the Government by Dhanvantri Co. Upon several
rounds of examination by several independent agencies within Ganarajya it was declared that the
cure invented by Dhanvantri Co. was indeed very effective in treatment of Eliscoma. The cost of
Dhanras was much less in comparison to Elisica, but it was still not affordable by most of the
citizen of Ganarajya. Each tablet costed Rs. 5000 approximately. Dhanavantri Co. in its report to
the Government submitted that the high cost was mainly attributed to the high cost of one of the
raw materials, Riluzolue. It was also submitted that the said raw material was abundantly present
in Italy.
7. Mr. CN Ray announced that the government would be procuring Riluzole from Italy and providing
the same at a very subsidized price of Dhanvantri Co. for production of Dhanras. Accordingly,
Union of Ganarajya entered into a bilateral treaty with Italy, popularly known as treaty of AYUSH.
8. Mr. T. Nixon, the then Health Minister and a veteran of the SMS party was very instrumental in the
execution of the treaty and was appreciated and celebrated across Ganarajya for his efforts. To
commemorate his success, SMS Party had held an honoring ceremony. In the ceremony, Mr. Nixon
had stated that his entire success had to be in-fact credited to Mr. Cooper since Cooper was
equally responsible as well. Pertinently Mr. Cooper was not present at the ceremony since he was
in United States of America at that time getting his sister treated for Cancer.
9. Despite the efforts of the Government of Ganarajya, it was reported by WHO in January 2015 that
Ganarajya was still among the 3 most affected nations and that Dhanras has had no effect on
patients suffering from Eliscoma. Alarmed by the above report the Government of Ganarajya set
up various independent committees. Dhanvantri Co. had also set up internal committee for similar
purposes. All the committees reported in unison that the report of the WHO was indeed true.
10. Government terminated that the various agreements and the treaty of AYUSH with the
Government of Italy. This act of termination opened Ganarajya to several claims of damages from
Government of Italy and its state owned corporations amounting to crores of Rupees.
11. In June 2015, Dhanvantri Co. released a press statement that the reason behind failure of Dhanras
was actually supply of incorrect raw material. It was stated that the Government had provided
Pilozule instead of providing Rilozule. It was further stated that it was almost impossible to
differentiate between the two. Pilozule was also stated to be way cheaper than Rilozule.
12. Mr. Watson Holmes an investigative journalist published a blog wherein it was reported that
exchange of Pilozule with Rilozule was actually a huge scam that was committed by several official
of Ganarajyan Government and the Italian Government at the instance of ‘HealingHumans’. The
entire scam was coined as the ‘Dhanras’ scam.
13. In the general elections thereafter, PTP party came to power and formed the Government on 10th
December, 2015. Mr. Smith (the leader and the President of PTP party) launched a full-fledged
investigation into the Dhanras Scam by forming and appointing a Special Investigative Team.
14. On 19th June, 2016, the SIT submitted its report wherein it was stated that Mr. Keefe had swapped
the two materials at the Italian Airports and the same was confirmed by the CCTV footages
available at some of the Airports. It was also confirmed that Rilozule was never received by the
Ganarajyan Government and that only Pilozule was received by them. Further the investigation
 had also revealed that Mr. Keefe had also involved Mr. Bancroft in commission of the said crime.
Mr. Bancroft was actually an employee of Dhanvantri Co.
15. SIT filed a complaint before the concerned Court of Metropolitan Magistrate and registered the
FIR as per the Magistrate’s directions. Simultaneously a nationwide man hunt for Mr. Keefe and
Mr. Bancroft was also launched. The SIT also filed its charge- sheet on 31st July, 2016 and Mr. Keefe
and Mr. Bancroft were declared as absconders in the Charge-sheet and were charged under the
relevant sections of IPC. Pertinently, there was no mention of either Mr. Nixon or HealingHumans
or Mr. Michel in both the Charge-sheet or in the initial report dated 19th June, 2016. Both of them
voluntarily surrendered, stating that they had been falsely implicated in the case. When brought
before the Court, they submitted that they wanted to make a confession, and also turn as
Approvers. They prayed for tender of pardon u/s 306 CrPC.
16. In their confession statements, the two accused stated that the entire act of swapping of material
was committed by them at the instance of Mr. Nixon. Mr. Keefe further stated that Mr. Nixon had
offered him Rs. 50 Crores for the said job and also provided details of transfer of Rs. 25 crores from
some foreign offshore bank accounts to his bank accounts in Royale Bank of Switzerland. He
further confessed that he had several times overheard Mr. Nixon speak over the phone to the
Directors of HealingHumans in relation to the incident. He also stated that during a small get
together hosted at Mr. Nixon’s house which was attended by several officials of HealingHumans,
Mr. Nixon had mentioned that his family’s company had benefited immensely from
HealingHumans and its promoter. Upon such confession, the Prosecution also reported no
objection for tender of pardon under Section 306.
17. Acting upon such startling revelations made by Mr. Keefe and Mr. Bancroft, the SIT continued its
investigation and submitted another supplementary charge-sheet on 10th January, 2017 adding Mr.
Nixon and HealingHumans as accused by charging them under relevant sections of IPC and
Prevention of Corruption Act. It was clearly stated that Mr. Michel had in 2015 purchased 200,000
preference shares of Noxin India Co. Ltd. a wholly owned subsidiary of Noxin Co. Ltd., at a greatly
inflamed cost of Rs. 15,000 per share as opposed to its then prevailing market rate of Rs. 20 to Rs.
50 per share. It was further stated that during the course of investigation SIT came to know that
Noxin India Co. Ltd. was shut down and all its assets (mostly current assets) were transferred to its
parent company Noxin Co. Ltd. in Australia and that 77.7% shares of Noxin Co. Ltd. was owned by
Mr. Nixon and his family members. Mr. Nixon was also declared as an absconder. The FIR was also
amended accordingly. In March, 2017 SIT received information that Mr. Nixon was in Australia and
 immediately initiated the process of his extradition. However, the extradition process was
hampered by the non-availability of any extradition treaty of Ganarajya with Australia.
18. Taking advantage of the situation, some of the party workers of PTP party published on their social
networking pages that the entire scam actually happened at the instance of Mr. SL Cooper since he
was the head of the SMS party. In-fact in June 2017 the ‘Weekly-Post’ a newspaper owned by PTP
party published an article about Mr. SL Cooper being the King-pin of the scam. It was reported that
it was well known that Mr. SL Cooper remote controlled the government and that there was no
way that such a huge scam was committed without the knowledge and approval of Mr. SL Cooper.
The said article was also published on the website of PTP Party and later taken down within a day.
19. Mr. SL Cooper immediately issued a press statement that he was in no aware or connected with
the Dhanras Scam and that in fact he was not even in Ganarajya since he was in USA getting his
sister treated. He also initiated a defamation suit against the PTP party before the appropriate
district court in Bhojarajya and sought a relief of preventive injunction as immediate interim relief.
The plea of interim relief was rejected by the district court. Against the said orders Mr. Cooper
preferred an appeal to the High Court of Bhojarajya
20. The PTP government enacted the Ganarajya Fugitive Economic Offenders Act, 2017 in June 2017
and declared Mr. Nixon as the first Fugitive Economic Offender under the act. Government also
initiated appropriated actions under the Prevention of Money Laundering Act against Mr. Nixon
for attaching the proceeds of Crime. Immediately thereupon Mr. Nixon issued statements to Press
in Australia that he had not fled Ganarajya and that he had flown to Australia only on health
grounds for getting himself treated and that he had also obtained the citizenship of Australia since
he would have to stay in Australia for foreseeable future for his treatment. He also revealed that
he had given up his Ganarajyan citizenship and that the same had been accepted by the
Government of Ganarajya in Januar, 2016. He also said that he would initiating appropriate legal
steps.
21. Accordingly, Mr. Nixon filed a Writ Petition before the High Court of Bhojarajya seeking for
quashing the FIR, the Charge-sheet filed, the proceedings initiated under Prevention of Money
Laundering Act against him and the declaration under the Fugitive Offender Act, on the ground
that the courts of Ganarajya had no jurisdiction either over him or the alleged crime committed.
He also stated that no FIR or Charge-sheet could be filed only on the basis of the statements of Mr.
Keefe and Mr. Bancroft. The High Court of Bhojarajya dismissed the Writ Petition filed by Mr.
 Nixon. On the same day the High Court also dismissed the appeal filed by Mr. SL Cooper against
the orders of the district court.
22. Aggrieved by the order of the High Court, Mr. Nixon preferred a SLP before the Supreme Court of
Ganarajya and apart from the grounds pleaded before the High Court, Mr. Nixon also challenged
the Constitutional validity of Section 306 of CrPC. Mr. SL Cooper also filed an appeal against the
orders of the High Court dismissing his appeal. Responding to the SLP preferred by Mr. Nixon, the
State contended that constitutional validity of a law cannot be raised for the first time in a SLP
proceeding.
23. The Hon’ble Supreme Court has admitted the SLP and the Appeal and decided to hear them
together. The Hon’ble Court also clarified that the challenge to maintainability of SLP may be
challenged on only on a limited ground locus of Mr. Nixon to challenge the constitutional validity
for the first time in a SLP proceeding.