MAI vs FMSCI

If you have any dreams of becoming India's next Narain Karthikeyan, you are headed for trouble. Big trouble! The chain of events that were set off when the FIA -- the world body for motorsport -- transferred its official "sporting power", or recognition, from the FMSCI to the MAI, has split the racing world in India right down the middle. And with the entry of the country's Union government to further muddy the waters, what Indian rallyists and racers now have is a stand-off where the world motorsports ruling authority recognises one body, the government the other, in effect making the sport headless.

To backtrack a little, what is the FIA, and what gives it the right to dictate India's sporting fortunes?

FIA, or the Fédération Internationale de l'Automobile, is the international governing body of motorsports. It enjoys consultative status with the United Nations, and is headquartered in Geneva. It is FIA which sets the rules and regulations, known as "formula" for the various motorsport categories. Thus, when you see Formula One, it is actually FIA Formula One. FIA, much like the ICC for cricket, brings together more than 157 national motoring organisations on five continents. These member organisations, known as FIA ASN's (National Sporting Authority), are the only recognised holders of the sporting power for all branches of motor sport in their country.

The FMSCI, chaired by founder-member Nazir Hoosein, was the Indian ASN in FIA from 1979. Come October 1999, and Hoosein broke away from FMSCI to form the MAI (Motorsports Authority of India), applying to FIA for transfer of the sporting power, after getting elected to the world body as a representative of China.

This came at a period when the country was already facing severe international criticism for the decline of the quality of motorsports and allegations that events were being conducted in a manner contrary to the International Sporting Code.

Leading the controversy was the Jewel of India International Rally of 1997, where the FMSCI is believed to have demanded a sum of more than Rs. one crore to act as the organising club. When this was refused, the club blocked the entry of the rally into the country.

States Nitin Dossa, founder director of the MAI, "They were holding the country to ransom. The fees documents that were filed included a sum of Rs. 11 lakhs [Rs 1.1 million] to get government permission for the event, when the fact is that permissions of this sort are granted free." A fact that was confirmed by the government when they transferred permission to run the rally to the Vintage and Classic Car Club of India.

When contacted, FMSCI president Khushro Madan dismissed the entire episode, stating: "The issue has been blown out of proportion."

Team MRF pulled out of the National Rally Championship 2000, citing gross irregularities in the functioning of the FMSCI, questioning why the club allowed Malaysians to drive in the championship in 1999, contrary to FIA regulations.

FIA forbids foreigners to drive in another country unless the rally is part of FIA's international calendar, or if such drivers become permanent residents of the other country.

This, too, is dismissed by Madan as being between MRF and FIA. "These sort of issues can come up in any form of motor sport. I would not like to comment on it," was his final take on the matter.

In August 1999, confounded by the lack of answers, Yvon Leon, FIA's Observer to India, held an enquiry meeting with both - FMSCI and MAI - alongwith talking to competitors, drivers, sponsors and manufacturers.

Following the report, FMSCI chairman Vijay Mallya was ordered to completely restructure the FMSCI by October, 1999, in consultation with Nazir Hoosein and Yvon Leon, to bring it in line with international requirements. Priority was to be given to include the various Indian automoblie and motoring organisations and associations, with the board to be comprised of five persons jointly nominated by FMSCI and MAI. The FMSCI, however, termed the conditions as "ridiculous" and Mallya refused to follow FIA dictates.

Subsequently, FIA dismissed FMSCI and transferred the title of ASN to MAI on April 6, 2000. An appeal by FMSCI was over-ruled by the International Court of Appeal (ICA), a month later, which ruled that FIA's decision was in conformity with international statutes. This was further ratified by a FIA Extraordinary General Meeting in Spain on October 6, 2000.

One would think that matters would be finally sorted out. But no -- here enters the Indian bureaucracy!

In August, 2000, the Government of Maharashtra prohibited the Western India Automobile Association from hosting the first round of the MAI National championship in Bombay, saying that it only recognised the FMSCI. Reprieve came from the Bombay high court, which ruled that there is no provision of law which holds that only the FMSCI is authorised to conduct motorsports in India, adding that the government's refusal even after the communique from FIA was "…totally arbitrary, irrational and capricious and without any authority of law and unsustainable in law."

Do things change? Yes, they do - but only to get muckier.

In letters dated May 15 and July 10, 2001, the Ministry of Sports and Youth Affairs informed FIA that it recognised only FMSCI, and will not accord any championship held under the MAI banner as official. The FIA answered that its Indian "sporting power" has been granted to the MAI, that it will not recognise the FMSCI, and in a letter dated July 10, 2001 it instructed the FMSCI to address any "further queries" to it through the MAI alone, and not by direct communication.

Madan is convinced of victory on the ground that the MAI does not have "majority representation" - a contention struck down by FIA, whose statutes demand not major representation but a presence in two-third of the country's geographic area.

FIA similarly refuted each contention of the Indian government, backing everything up with strong documentary evidence, international sporting laws and the decision of the Bombay High Court itself.

Holland-based JJ Dólleman, president - Legal Commission, FIVA (the world body for vintage cars) - which is the sister concern of FIA, and has a common statute on the subject - elaborates in an exclusive interview with rediff.com: "FIA is a world body which is allowed to decide which organisation is considered their representative in a country. This organisation needs to be (in FIA eyes) an organisation that truly represents their movement in that country. They are free to choose which organisation does fit their needs best or most."

Dólleman adds that the only stipulation is that the organisation not be illegal or forbidden, which the MAI is clearly not, having been cleared under the Ministries of Tourism and Finance, and registered under the Companies Act. "Besides this," says Dólleman, "the decision rests only with FIA, for the worldbody is not subject to the laws, politics or rules of any given nation."

All eyes are now trained towards the FIA General Assembly to be held on October 5, 2001, at Germany, but hopes of resolving the three-year-old deadlock are not too high. And that is where the tussle rests at the moment - having created a situation where, in practical effect, India has no authorised body for motorsports, since the decisions of the FIA and the country's government have the effect of negating both clubs altogether.

An especially unfortunate stand-off, coming as it does at a time when the enormous revenue potential of the sport was just finding its mark in the country.

Formula One boss Bernie Ecclestone is talking about bringing F1 to India. FIA has identified India and China as the new markets for motorsport, and a single world rally championship leg can generate around Rs. 1.2 billion for the host country. India is a strong candidate for the Asia Pacific Rally Championship, 2002 and the World Rally Championship by 2005.

Life in the fast lane definitely throws a lot of curves. But for Indian motorsports, over the past decade, life has consisted entirely of curves. Though one should really not be surprised. For it is a far from unusual scene here - opportunities slipping by as the country's top bosses hold everyone to ransom. And India, once again, waits in the sidelines -- suited up in championship colours, but with nowhere to go.