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Suit against RSS: Secretary John Kerry served

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New York, January 23, 2015            

 In the Modi linked RSS lawsuit, the plaintiff served the Federal Court summons on the defendant Secretary John Kerry through US Attorney's Office in New York on January 23. Preet Bharara is the head of US Attorney's Office which is responsible for litigation brought against the United States in the Southern District of New York.

The Sikh human rights group has also served the defendant Secretary Kerry through Jerry Drake, Acting Executive Director at US Department of State in Washington DC.

The service of summons sets March 24 as deadline for the defendant Secretary Kerry to respond to the declaratory lawsuit seeking "Foreign Terrorist Organization" (FTO) status for RSS. Under Fed. R. Civ. P. 12(a)(2) when a United States Officer is sued in official capacity, he must answer to the complaint within 60 days after service on the United States attorney.

The lawsuit filed by human rights group "Sikhs For Justice" (SFJ) asks the US Court to designate "Rashtriya Swayamsevak Sangh" (RSS), militant wing of ruling BJP as an FTO, "for believing in and practicing a fascist ideology and for running a passionate, vicious and violent campaign to turn India into a "Hindu" nation with a homogeneous religious and cultural identity".

January 21 lawsuit requests the court that "RSS along with its affiliates and subsidiaries be designated as an FTO, in accordance with Section 219 of the Immigration and Nationality Act (INA) and designate RSS as a Specially Designated Global Terrorist entity (SDGT) under Executive Order 13224". The case filed in Southern District of New York, "Sikhs For Justice" (SFJ) v. John Kerry, US Secretary of State (15-cv-00433) has been assigned to Judge Swain.

Citing Secretary Kerry's recent statement that "all extremists groups should be targeted equally", SFJ's legal advisor Gurpatwant Singh Pannun stated that "RSS should be designated as a terror group and Obama administration should not let US economic interests to affect its commitment against war on terror". Secretary Kerry has just concluded a trip to India and Pakistan as a precursor to President Obama's January 26 visit.

In December 2014, "Sikh For Justice" (SFJ) requested Secretary Kerry to designate RSS an FTO on the basis of their campaign against religious minorities and extensive reports by US based NGOs regarding material support extended to RSS by the American Hindu organizations.

"The Terrorism Watch & Warning", a US based think tank in its December 2014 report, categorized RSS as ‘Threat Group’ and called it “a shadowy, discriminatory group that seeks to establish a Hindu Rashtra, a Hindu Nation”.  Describing violence as ‘Group Activities’ for the RSS, the report further states, “Violence has been a strategy for the Sangh movement". [ http://www.terrorism.com/2014/04/26/rashtriya-swayamsevak-sangh-rss/ ]

FTOs are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA).