- 48 A - Chief Executive under NSL 47, if any; or in other cases, will B C (2) give great deference to the assessment. B In relation to the injunction as a counter-measure, since it is a C legal question to be resolved by the court alone, the court will D make its own judgment while giving considerable deference to the executive’s decision to invoke the court’s jurisdiction. E The court will also firmly bear in mind its constitutional duty F A D E F to safeguard national security and the mandate in the NSL to G fully deploy the equitable jurisdiction to grant injunctions to safeguard national security in the exercise of the discretion. H I Third, if the injunction engages any fundamental right, the 86. G H I court has to be satisfied that the restriction imposed is constitutionally J K L M justified. The terms of the injunction should be clear and certain; should not be wider than the criminal law; and should not constitute any disproportionate encroachment of the right. 87. J K L Fourth, as a newcomer injunction, it should contain clear M safeguards to enable any person affected by it or a newcomer to come to N O the court for setting aside, variation, clarification or to make other representations as appropriate. Further, as an ex parte injunction in N O substance, the Secretary as applicant should draw the court’s attention to P any material points on the available evidence that may affect the court’s Q exercise of the discretion. R E. S 88. T Q R THE PRESENT CASE The Judge refused to grant the injunction mainly because he considered that it was of no real utility and conflicted with the criminal law. He also had concern over the contra mundum effect of the injunction. P S T For U U V V