I am not sure, if the ASN's worldwide had been given proper information on this or not.  Hence this Article.

To start with,

The Federation of Motor Sports Clubs of India was founded in the year 1971, got final affiliation to the FIA in the year 1979 through normal course like being associate members for two years etc.  From the beginning Mr.Nazir Hoosein had been the nominee of the FMSCI on the FIA.  The FMSCI had  spent nearly 7 to 8 lakhs of Indian Rupees a year on Mr.Nazir Hoosein to attend various meetings of the FIA.

Though Mr.Nazir Hoosein carried the mandate of the FMSCI, was funded by the FMSCI, he was always keeping the FMSCI in the dark about happenings in the International Motor Sports scene.  What is wrong in FMSCI requesting Mr.Nazir Hoosein for a report to the FMSCI Council on the happenings Internationally? After all he was carrying the FMSCI's mandate.  But this Mr.Nazir Hoosein never did.

It would be hard to believe that FMSCI had to spend lakhs of rupees on other FMSCI members to go to various International events and come back and report to the FMSCI on the happenings in the International Motor Sports arena.

By this time, Mr.Nazir Hoosein had reached the level of being a World Council Member and one of the seven vice-presidents of the FIA USING FMSCI'S NOMINATION.  Though FMSCI could have got rid of him very easily, the FMSCI Council always felt that this would mean a loss of Council seat to India. Mr.Nazir Hoosein was using this to his advantage every time.

When the FIA decided to start an Asia Zone, Mr.Nazir Hoosein was elected as the President AGAIN UNDER FMSCI'S NOMINATION.  This means that India would be the head quarters for the FIA Asia Zone.

When the FMSCI heard this, the FMSCI was very happy and wanted to achieve the maximum co-operation with the Asian Countries.  But Mr.Nazir Hoosein as usual kept the FMSCI in the dark about the Asia Zone also.  Can you believe that initially Mr.Nazir Hoosein did not even consider sending the rules and regulations of the FIA AZRC forget considering his home country for a round of the FIA Asian Zone Rally Championship? FMSCI thought fit to send another representative to the FIA Asia Zone to know what is happening.  When they realised that Mr.Nazir Hoosein is working against the interest of India and the FMSCI in the Asia Zone, the FMSCI Council had no other option except to remove him from the FIA Asia Zone representation.  This was duly informed to Mr.Max Mosley, President FIA in June 1999.

TILL THIS TIME, INDIA OR FMSCI DID NOT FIGURE IN ANY OF THE COUNCIL MEETINGS, GENERAL ASSEMBLY, RALLY COMMITTEE ETC.

When FMSCI wrote his intentions to Mr.Max Mosley, then the problem started.  Immediately Mr.Max Mosley in his fax to the FMSCI said that motor sports in India is not happening (FMSCI had been running one rally championship consisting of 8 rounds for Cars [winner even seeded "B" in the FIA] and 7 rounds for bikes, one racing championship for cars and bikes and nearly 130 other events, which means on an average of one event per 3 days, and our Narin Karthikeyan reaching the F3 Mark, but motor sports in India is not happening!!!!!) and decided to send Mr.Yvon Leon (a good friend of Mr.Nazir Hoosein) to investigate.  When FMSCI wrote back to the FIA several times on what this investigation is all about and what are the charges warranting an investigation,   Mr.Max Mosely informed the FMSCI that it need not have to read too much into the investigation and it is the routine matter with the FIA.

FMSCI's request to postpone Mr.Leon's visit till the General Assembly of the FMSCI which would provide an opportunity to Mr.Leon to meet all the member clubs of the FMSCI was not adhered to for obvious reasons.

Mr.Leon who had come to India in the month of August for 4 days, was staying with Mr.Nazir Hoosein and was meeting people of Mr.Nazir's choice and met the various member clubs of the FMSCI only for one day, wherein the member clubs in one voice demanded the removal of Mr.Nazir Hoosein from the FMSCI's representation immediately, a fact noted by Mr.Leon and on the same evening after this meeting, Mr.Leon again joined hands with Mr.Nazir Hoosein and went to meet various people of Mr.Nazir's choice.  I hope, you would agree with me that by any stretch of imagination this can be construed to "FAIR INVESTIGATION".

It is quite surprising that when a person who had come to "investigate" (Mr.Leon said that investigation in french means fact-finding mission) was spending 95% of his time with Mr.Hoosein, the distractor, and what kind of report you can expect of from such a person.

It is believed that Mr.Leon had submitted his report to Mr.Max Mosley, a copy of which is yet to be sent to the FMSCI.

The following points to be noted :

1) India never figured in any meetings before the removal of Mr.Nazir Hoosein
2) Mr.Max Mosley's statement not to read too much in to the investigation
3) Mr.Max Mosley never sent any charges on the FMSCI warranting an investigation
4) Mr.Leon was spending much of his time with Mr.Nazir Hoosein
5) Mr.Leon's report was never sent to the FMSCI till date
6) REALLY NOT SURE IF THE FIA HAD COMMUNICATED THE REMOVAL OF MR.NAZIR HOOSEIN FROM THE FIA ASIA ZONE REPRESENTATION IN THE MONTH OF JUNE TO ANY OF THE GENERAL ASSEMBLY MEMBERS, OR HAS MR.MOSLEY TAKEN THE ENTIRE GENERAL ASSEMBLY FOR GRANTED.

As per Art.12 of the FIA Statutes - "If, in the course of his term of office, a Member of the Committee or of any other body of the FIA (read FIA Asia Zone) should cease to belong to the delegation of his Club, Association or Federation, the term of office of this Member would be terminated ipso facto".

Hence, it is obligatory of the part of the FIA to have informed all the members of the decision of the FMSCI with regard to the removal of Mr.Nazir Hoosein from FMSCI representation in the FIA Asia Zone.  WAS THIS DONE ? IF NOT WHY?

It is at this juncture that the General Assembly of the FIA met in October 1999.  Mr.Nazir Hoosein was still holding the mandate of the FMSCI and attended the General Assembly as the "Titular Delegate" of the FMSCI and was requesting for transfer of sporting power to his newly formed organisation "Motor Sports Association of India" - the MAI.

I am not sure how many of the GENERAL ASSEMBLY MEMBERS at that point of time KNOW WHAT HAS HAPPENED.

I am quite sure that NONE OF THE GENERAL ASSEMBLY MEMBERS WERE INFORMED BY FIA PROPERLY, THAT MAI IS NOT A MEMBER OF THE FIA, for transfer of sporting power to MAI.

I may relevently quote here the article from the FIA Statutes for your kind information

"Art.24 Admissions

Clubs, Association or Federations wishing to join the FIA must send to its Secretariat an application in due form signed by the President and one of the Members of the Committee or the Board of Directors.  They must also send two copies of their Statutes and a membership list of their Committee of their Board of Directors, as well as any information that might be asked of them.

If the association presenting their request belonging to a Country where the FIA is already represented, the Secretariat of the FIA shall inform any member Club, Association or Federation of that Country which shall state, within one month, whether they object to this request.  The opinion of such club, Association or Federation shall be submitted to the General Assembly which will decide by sovereign right.

Admissions are granted provisionally by the General Assembly for two years on recommendation of the appropriate World Council.  At the expiry of that ……Associate Members"

From the above it is clear that

a) that to become a member of the FIA, the club must send the requisite documents to the FIA Secretariat - In the case of MAI, this was never done till today, which fact SHOULD HAVE BEEN BROUGHT TO THE NOTICE OF GENERAL ASSEMBLY BY THE FIA, BUT THIS WAS NEVER DONE, WHY ?

b) If there exists an ASN, then the comments of the ASN must be sought and presented to the General Assembly - In this case, the MAI's application was never sent to the FMSCI, the FMSCI comments was never sought to put before the General Assembly.   WHY ?

It simply goes to show the scant disregard, the FIA has for the GENERAL ASSEMBLY MEMBERS.  IS THIS RIGHT ?

As the General Assembly was not informed properly by the FIA, the General Assembly accepted the decision that Dr.Mallya would liaise with Mr.Hoosein and Mr.Leon for a complete restructure and allowed the withdrawal of MAI's application for Sporting Power.  BUT AGAIN, DUE TO LACK OF INFORMATION FROM THE FIA, THE GENERAL ASSEMBLY COULD NOT SPELL OUT THE EXACT RESTRUCTURING.

WHERE IS THE QUESTION OF WITHDRAWAL OF MAI, AS THE FIA HAD NOT AND CANNOT ADMIT MAI AS A MEMBER. BUT JUST LIKE MR.NAZIR HOOSEIN KEPT THE FMSCI IN THE DARK, HIS GOOD FRIEND MR.MAX MOSLEY PLAYED THE SAME GAME WITH THE GENERAL ASSEMBLY MEMBERS AND KEPT THEM IN THE DARK ABOUT MEMBERSHIP OF THE MAI.

It must be noted here that the FIA had grossly violated the above article and hence did not want to bring this to the attention of the General Assembly.

Having done this, Dr.Mallya Chairman of the FMSCI received a letter from Mr.Yvon Leon, the contents of which is shocking, the relevant portion of which is reprduced below :

"The President of the FIA and myself have been giving a lot of consideration to the future organisation of motor sport in India further to the meeting of the world council last month………

1. You (Dr. Vijay Mallya) should naturally be the Chairman of the new ORGANISATION.
2. The President of the Federation should be Mr.Nazir Hoosein
3. The Vice-President should be Mr.K.D. Madan
4. Of the balance six seats, FIA propose Mr.C.D. Mehta, Mr.J.N. Patel
5. Of the balance four seats, two seats would be proposed by Mr.Nazir Hoosein
6. Dr.Mallya can select two members

From the above it is clear that FIA wanted to involve itself in the internal management of the FMSCI and what they suggested is not "Restructure" but a "complete takeover".  WHERE IS THE GUARANTEE THAT TOMORROW IT MAY NOT HAPPEN TO YOU.  WOULD YOU AGREE, IF FIA DICTATES WHO SHOULD BE AT THE HELM OF AFFAIRS IN YOUR COUNTRY? DID FIA BRING THIS TO THE NOTICE OF THE GENERAL ASSEMBLY ?

The FMSCI knows pretty well that the above goes totally against the constitution of the FMSCI, which states DEMOCRATIC election and against any PRINCIPLE OF NATURAL JUSTICE. Within its constitutional frame work, elected Mr.K.D. Madan as the President, Mr.Hormazd Sorabjee and Mr.Nitin Dossa, the two other nominees of Mr.Nazir Hoosein were given portfolios for Media and Tourism respectively.  Mr.Nazir Hoosein was made the Chairman of the FMSCI National Rally Commission and was co-opted to the FMSCI Council.  This was duly communicated to Mr.Max Mosley by a letter from the FMSCI.

So far so good.

Mr.Nazir Hoosein accepted the offer in Jan 2000 which was made in November 1999.  Then resigned after two weeks.  Why?

A simple logic would show that Mr.Nazir Hoosein, if had worked well with the FMSCI, would have nullified his chance of requesting for sporting power, if had not accepted the offer, would have brought him a bad name that he has not co-operated with the FMSCI.  Hence decided to accept the offer first and reject it later.

In the mean time, the FIA sent a communication to the FMSCI to submit a report to the FIA World Council on 6th April 2000, which the FMSCI did on 1st March 2000.

Ironically, Mr.Nazir Hoosein was attending the FIA World Council Meeting as the "FMSCI Representative" and was requesting for sporting power to be withdrawn from the FMSCI and to be transferred to his newly formed organisation MAI and the FIA WORLD COUNCIL BY A MAJORITY DECISION AGREED TO THIS REQUEST!!!! CAN YOU BELIEVE THIS.  BUT THIS IS WHAT HAPPENED.  Mr.Max Mosley instigated by Mr.Nazir Hoosein, could use his powers only on 21 members of the World Council while 5 members above board decided not to join this "TOTAL VIOLATION" decided to abstain, while 1 member decided to vote against this.

Promptly the FIA sent a World Press Release.

When the FMSCI withdrew Mr.Nazir Hoosein from FIA Asia Zone, the FIA did not even bother to inform the MEMBERS, but  promptly sent a world press release informing that the sporting power had been withdrawn and given to MAI.

FMSCI was waiting for a written confirmation on this so that it could appeal.  FIA knowing pretty well, decided NOT TO inform FMSCI in writing about this at all.

IT WOULD BE HARD TO BELIEVE BUT IT IS TRUE THAT THE FIA HAD NOT SENT ANY OFFICIAL COMMUNICATION TO THE FMSCI IN THIS REGARD

But Mr.Pierre de Coninck promptly sent a fax to Mr.Nazir Hoosein in writing  the world council's decision, and one fax was sent even to the Government of India.  BUT NOT TO THE FMSCI.  WHY?  AS THE GENERAL ASSEMBLY MEMBERS, WOULD YOU ACCEPT THIS SITUATION?

Aggrieved by this decision, and not having any thing in writing from the FIA, the FMSCI was compelled to appeal to the International Court of Appeal against the decision of the FIA.

In the meanwhile the FMSCI informed FIA on 12th April of the unequivocal decision to remove  Mr.Nazir Hoosein from the FMSCI's representation with immediate effect which means that Mr.Nazir Hoosein cannot continue as the Vice-President of the FIA and ceases to be a member of the FIA World Council.  See Art.12 second para of the Statutes and also requested FIA to confirm when the MAI was admitted to as members and whether Article 24 of the FIA Statutes was adhered to.  As expected, the FMSCI is yet to receive any reply for the same.  Forget the FMSCI, DID THE FIA INFORM THE GENERAL ASSEMBLY MEMBERS THAT MR.NAZIR HOOSEIN CEASES TO BE THE WORLD COUNCIL MEMBERS AND VICE-PRESIDENT OF THE FIA FROM 12TH APRIL 2000? IF SO, WHEN AND WHY THE DELAY?  ARE THEY AGAIN TAKING THE GENERAL ASSEMBLY FOR GRANTED? AND HAS THE MEMBERSHIP STATUS OF THE MAI BEEN COMMUNICATED TO THE GENERAL ASSEMBLY MEMBERS.  HOW MANY OF YOU KNOW THAT MAI IS NOT A MEMBER OF THE FIA TILL DATE ?  WHY FIA DID NOT INFORM THE GENERAL ASSEMBLY MEMBERS OF THIS?  THE REASON IS OBVIOUS THAT FIA HAD GROSSLY VIOLATED THEIR OWN STATUTES AND HENCE WANTS TO HIDE THE FACTS.

In the mean time if Mr.Nazir Hoosein could use this to fool the Government of India to transfer the sporting power of the Government to the MAI.

IF HE SUCCEEDS, FIA WOULD THEN INFORM THE GENERAL ASSEMBLY THAT EVEN THE GOVERNMENT OF INDIA DOES NOT WANT FMSCI, IN WHICH CASE ALL THE VIOLATIONS OF THE FIA CAN BE CONVENIENTLY HIDDEN FROM THE GENERAL ASSEMBLY.

Now to the appeal.  The appeal mainly brought out that  Art.3 and Art.25 e of the FIA Statutes stipulates that only General Assembly is empowered to exercise the withdrawal of Sporting Power besides the various violation of their own statutes by the FIA.

The FIA sent their Memorandum of defence which contended that as per Art.16 (3) and 16(20) the decision could not await the General Assembly and that the Indian has 250,00,000 people who have purchasing power equal to that of Eurpoeans and the FMSCI has issued only 250 licences and main point that the FMSCI has an review appeal to the IMSAC, which is the judicial body of the FMSCI, which is against the FIA statutes.

The FMSCI promptly sent a reply that Mr.Leon's report (which was never submitted to the FMSCI) had taken in to account only the Full Licence Holders, which is normally issued to experienced drivers and not the other licences totalling more than 1500.  It also refuted Mr.Leon's imaginary statement that 250,00,000 people have purchasing power equal to that of the Europeans authentically quoting from the Government authorised statistics.

Now coming to the review petition, it seems that this is the main point, as far as the FIA is concerned, may be the reason for the FIA to have VIOLATED THEIR OWN STATUTES WITH REGARD TO THE TRANSFER AND MEMBERSHIP OF THE MAI.

Let's read it in detail.

The FMSCI introduced the review petition way back in 1997, where in Mr.Nazir Hoosein was very much present as the FMSCI Councillor and was unanimously passed, with Mr.Nazir Hoosein also voting in favour of this.

The FMSCI's NCR was sent to the FIA as per Art.7 of the Sporting Code of the FIA.

From 1997 till October 1999, the FIA was sitting quite on this.  Suddenly, they discovered that this is against the FIA Code.  RIDICULOUS!!! IS'IN'IT?  PARTICULARLY WHEN THE FMSCI HAD WITHDRAWN THE SAME FROM THE SPORTING CODE IN 2000 TO PLEASE FIA, THE FACT WHICH WAS BROUGHT TO THE NOTICE OF THE FIA IN THE LETTER DATED 1ST MARCH 2000.

Now, what is this review petition ?

I quote below the Article from the FMSCI's sporting code :

"ART.19 REVIEW OF IMSAC JUDGEMENTS

A request for a review of any IMSAC decision may be made to the FMSCI council.  Such requests may be made to the FMSCI Secretariat, accompanied with the requisite fee (See Appendix "R").  Requests for review, must be sent to the FMSCI within the expiry of the 7th day after receipt of IMSAC judgement, stating the reasons and grounds for requesting a review.

The FMSCI shall immediately forward such requests for review to those members of the IMSAC panel which originally heard the appeal.  They will have the sole right to accept or reject such requests for review.  The refund or forfeiture of the appeal review fees may be subject to the order of the IMSAC".

It may be relevantly stated here that in India, going to the Court of law is a birth right of each and every citizen.  You have, City Civil Courts, High Courts and Supreme Courts.  Once lost in City Civil court, you may approach High Court and then to Supreme Court.  Indian judicial system provides for review of the judgements as a right.

Now coming back to the FMSCI review petition.  It may be clearly seen that the review goes back to the IMSAC and the IMSAC decides if it merits a rediscussion, based on the new facts, which might have come to light.  Also it gives a time frame of 7 days.

What is wrong in this.  After all the FMSCI judicial system decides on its own to give them another opportunity to present their case or not.

When there is a review of decision by the Stewards in the FIA, (see Art.179 b of the FIA Sporting Code), what is wrong in the FMSCI giving it to a higher authority?  Particularly when this is followed in the Indian Judicial System.

When the FMSCI sent the 2000 NCR to the FIA for approval, Gregory Lepesqueux of the FIA, in his fax in February stated :

"I would have a global advice that you can state your own provisions concerning motor sports in your Country."

When you state your  own provisions, the FIA finds fault stating that this is against the FIA Statutes.  What the FMSCI is supposed to do.

I learnt that the RACMSA Code and the CAMS Code have similar rethinking on the decisions of their appellate court as well.

The International Court of Appeal (ICA) which met on 14th June, decided that the ICA do not have jurisdiction to interfere in the executive decisions of the FIA unless it is violation of the Statutes and decided to dismiss the appeal, while confirming that the FIA's World Motor Sports Council's decision is of recommendatory nature and the General Assembly had to finally decide on this.  It also says that Mr.Nazir Hoosein resigned as Rally Committee Chairman because FMSCI did not allow him to do what he wanted, to change the rules drastically.  You may requests Mr.Nazir Hoosein to send the Rules and Regulations of his proposed Rally Championship and Technical Regulations  and you would be stunned that Mr.Nazir Hoosein states in almost each and every line that the regulations would be as promulgated by the FMSCI.  Is this the DRASTIC CHANGE what the ICA means.  May be, we do not understand english.

The following is brought to your attention :

1.  The ICA admits that it has jurisdiction in case of violation of Statutes - But conveniently ignores or made to ignore the various violations, as detailed above by the FIA, with regard to the membership of the MAI.  WHY ???

2. Dismisses the appeal, but admits the FMSCI's contention that only the General Assembly has the power to withdraw the sporting power.  How ???

3. Orders cost must be borne by the FMSCI ?  Why is this so ?

This simply goes to show again that if the ICA had said that the FIA had violated its own Statutes, it would have repercussions all over the world.

BUT IS IT NOT TRUE THAT THE FIA EXISTS, BECAUSE OF THE GENERAL ASSEMBLY MEMBERS AND  IS IT NOT THE DUTY OF THE FIA TO HAVE KEPT THE GENERAL ASSEMBLY MEMBERS INFORMED OF HAPPENINGS.

IN THE END I WOULD LIKE TO SUMMARISE AS FOLLOWS :

1.WHY THE FIA DID NOT INFORM THE GENERAL ASSEMBLY MEMBERS IN TIME ABOUT WITHDRAWAL OF NAZIR (IN JUNE 1999) FROM THE FIA ASIA ZONE, IF AT ALL THEY HAD INFORMED

2. WHY THE FIA DID NOT INFORM FMSCI OF THE WMSC DECISION OF 6TH APRIL , WHILE THEY CHOSE TO INFORM INFORM MR.NAZIR HOOSEIN AND THE GOVERNMENT OF INDIA IMMEDIATELY AFTER THIS ?

3. WHY THE FIA CHOSE TO HIDE THAT MAI IS NOT A MEMBER (TILL DATE) AND THEY HAVE VIOLATED ART.24 OF THE FIA STATUES?

4. WHY THE FIA DID NOT REPLY TO FMSCI'S LETTER TILL DATE ABOUT MAI'S MEMBERSHIP (LETTER DATED 12TH APRIL)

5.  WHY THEY CHOSE TO HIDE ALL THE FACTS TO THE GENERAL ASSEMBLY MEMBERS

6. WHY THE FIA'S PRESS RELEASE DID NOT BRING OUT THAT THE WMSC DECISION IS ONLY PROVISIONAL ?

The answer to all these is very simple.  Mr.Nazir Hoosein with his clout with the President FIA Mr.Max Mosley, had played it in such a way that FIA  completely violates their own statutes so that Mr.Max Mosley would be personally involved in this mess, and whatever happens, Mr.Max Mosley had to do something to cover up his mistakes, which would help Mr.Nazir Hoosein achieve his transfer of Sporting Power without being a member of the FIA etc.  which has resulted in the FIA violating their own statutes and HIDING THE SAME FROM THE GENERAL ASSEMBLY MEMBERS ALL THE TIME.

Now my prayer !!! ARE WE GOING TO ACCEPT ALL THESE.  DON'T YOU THINK THAT IT IS BECAUSE OF US THAT THE FIA IS IN POWER, WE DO HAVE THE POWERS TO MAKE THE RECORD STRAIGHT EVEN NOW, LET'S JOIN HANDS, WASH THE DIRT, MAKE IT CLEAN, TEACH MR.NAZIR HOOSEIN AND MR. MAX MOSLEY A LESSON TO RESPECT THE GENERAL ASSEMBLY MEMBERS, AND TRANSFER THE SPORTING POWER BACK TO THE FMSCI, AFTER ALL UNLESS WE NIP IT IN THE BUD, THIS MAY HAPPEN TO US ONE DAY OR THE OTHER.

To sum it all MAi + FiA = "MAFIA" !!!