The US Government has asked a federal court to dismiss a lawsuit filed by the New York-based Sikhs for Justice (SFJ), demanding that the Rashtriya Swayamsevak Sangh (RSS) be designated as a “foreign terrorist organisation”. In a motion filed on behalf of Secretary of State John Kerry, US Attorney Preet Bharara spoke of lack of subject-matter jurisdiction, noting the Sikh rights group does not have any entitlement to make such a demand.
“Neither SFJ nor this court possesses authority to compel the Secretary to designate an entity as a foreign terrorist organisation — a discretionary action that implicates important foreign affairs and national security considerations, and which is entrusted to the political branches. The complaint is therefore subject to dismissal on numerous grounds,” Bharara said in his 20-page motion.
“Allowing third parties such as SFJ to compel action by the Secretary in the realm of foreign affairs merely by submitting a letter, and then seek a judicial remedy once that third party has decided that the Secretary has failed to adequately respond to that letter, would not ‘enhance’ the process of designating foreign terrorist organisations in the interest of national security, but rather would impede it,” Bharara said. The SFJ, however, said it would challenge the government’s stand.