SFJ had asked the court to declare that RSS as a “foreign terrorist organisation” under relevant US law and to direct the Secretary of State to designate it as such under that law.
“But 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 the papers. He said the court lacks subject-matter jurisdiction over SFJ’s claims since the group lacks standing to bring such claims.
“The statute that authorises the Secretary to designate foreign terrorist organisations does not create a private right of action that allows third parties such as SFJ to compel a designation,” he added.