6 February 2012
Last updated at 12:20 ET
Abu Qatada has had a long battle against removal from the UK
Radical cleric Abu Qatada is to be released on bail weeks after the European Court of Human Rights blocked his deportation to Jordan.
Mr Justice Mitting told the UK’s Special Immigration Appeals Commission the cleric should be freed within days.
The Home Office said it disagreed with the decision and the cleric continued to be a threat to national security.
The UK government opposed attempts to bail him while he fights deportation to Jordan – where he faces terror charges.
The European Court of Human Rights says if he were deported, then Jordan might use evidence obtained by torture.
Lawyers for the preacher told the Special Immigration Appeals Commission on Monday that his continued detention was unreasonable.
Ed Fitzgerald QC said: “There comes a time when it’s just too long, however grave the risks.”
Mr Justice Mitting said although the cleric had been detained for a long time pending deportation this was not illegal.
But he said the preacher should now
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