The High Court in Belfast has reserved judgment on whether isolated west Belfast loyalist Johnny Adair should remain in prison or not.
Lord Chief Justice Sir Robert Carswell said he would give his decision as soon as possible.
The leader of the Lower Shankill UDA's "C Company" was returned to prison last month after Northern Ireland Secretary Paul Murphy said he had been involved in directing terrorism, drug dealing, extortion, money laundering and procuring and distributing guns.
But in the High Court today Mr Frank O'Donoghue, QC, told the Lord Chief Justice, that the decision to revoke Adair's licence and send him back to Maghaberry Prison was unlawful.
Mr O'Donoghue, who was opening Adair's application for a judicial review of Mr Murphy's decision, said it was not disputed that between the time Adair was released in May, 2002, and the revocation of his licence on January 10th he had not been the subject of adverse police notice.
"He was not stopped, questioned, interviewed or arrested in respect of any suspected or actual criminal conduct," said Mr O'Donoghue.
"In spite of that the Secretary of State decided he was a risk to the safety of others and was likely to commit further offences after he was informed by the PSNI that Adair had actually engaged in serious unlawful activity.
"What is remarkable is that in spite of those reasons being advanced, no one has seen fit at this late stage to question, interview or charge him."
Mr O'Donoghue said the decision was procedurally unfair and was in breach of Adair's entitlement under the Human Rights Act to a fair and public hearing of the charges levelled against him.