The Jerusalem Magistrate's Court released head of the Islamic Movement's northern branch Sheikh Raed Salah Tuesday night, just hours after his arrest for incitement, but issued an injunction prohibiting him from entering Jerusalem for 30 days.
Salah's remand hearing took place Tuesday night. At the start of the hearing, the police representative requested his remand be extended by five days, but said the police would also agree to have him confined to Umm al-Fahm for 30 days.
The police representative referred to Salah's speech from October 2, which the police claim included "serious incitement, that directly caused the recent acts of violence" in Jerusalem and the surrounding villages which included riots, Molotov cocktails and blocking paths to the Temple Mount and the area.
The police argued that Salah called for a "religious war" and presented the court with confidential documents. In his verdict, Judge Shimon Feinberg said there was good reason to suspect Salah as a dangerous body.
"His presence in Jerusalem could be inciting," the judge said, and ordered he be banned from the capital for a month, under personal and third party guarnatee.
The judge, who did not allow journalists into the courtroom before the hearing began, added that there was no need for restrictions on his movement in Umm al-Fahm.
Salah's attorney Khaled Zbarke said, "This is a classic case – The police are using him for political needs, to suppress political adversaries.Sheikh Raed is known and his opinions are known. These are the same political opinions he has expressed all along and he also expressed them at a conference in Umm al-Fahm on Friday.
"I don't think this is the place to come and restrict freedom of expression with legal means. If he stays only in Umm al-Fahm, will he not express his political opinions?" he wondered.
"The ones creating the riots are those extremist Jewish groups who urged people to go to al-Aqsa Mosque to pray. They want to quiet Sheikh Salah with legal means. They want to solve all the region's problems at Sheikh Raed's expense. The police are trying to restrain the feelings of the entire Muslim world," he added.
The sheikh was arrested on earlier Tuesday for incitement following statements made in recent days during the clashes at the Temple Mount in the capital. His arrest was decided on following consultations between Police Commissioner Dudi Cohen, the state prosecutor, and Jerusalem District Police Commander Aharon Franco.
He was arrested in the east Jerusalem neighborhood of Wadi Joz, by Minorities' Unit detectives and Border Guard officer and was taken in for questioning. Thirty of his supporters were present during the arrest.