SENIOR judges have given a Libyan permission to sue Jack Straw and the government over claims he was illegally sent to his home country and tortured.

The Court of Appeal ruled on Thursday that the case against the Blackburn MP and the Foreign Office could proceed.

Abdul Hakim Belhaj alleges the former Foreign Secretary and MI6 helped arrange his and his wife's rendition from China in 2004.

The High Court had ruled the case could not be heard in UK courts because it could damage foreign relations.

The appeal judges said the claims were so ‘grave’ a court should hear them.

Mr Straw, who has always denied being aware of the rendition, and the government have been given leave to appeal to the Supreme Court.

The Foreign Office said it was considering whether to make that application, delaying the case until after any appeal is decided..

Mr Straw told the Lancashire Telegraph last night: “I am unable to make any comment while legal proceedings are continuing.”

Mr Belhaj, now a politician in Libya, said: "My wife and I are gratified by the judges' decision to give us our day in court."

He added their alleged torture was, ‘as fresh and as painful for us as if it happened yesterday’.

His lawyer Sapna Malik said it was a ‘very significant step forward’ to the case being heard in England.

Mr Belhaj, leader of an Islamist group which fought the regime of Colonel Muammar Gaddafi, claims British intelligence provided information enabling his rendition, along with his pregnant wife Fatima Boudchar.

Last year, Mr Justice Simon threw out the case against Mr Straw and ex-head of MI6 counter-terrorism, Sir Mark Allen.

The government had argued an English court could not adjudicate on the claims, even though UK officials allegedly knew about them.

The judge said because the claims related to officials in China, Malaysia, Thailand and Libya they were ‘non-justiciable’ in the UK.

The appeal court ruled the proceedings were not barred by state immunity.

Mr Belhaj was jailed for six years after being returned to Libya.

Last year his offer to settle the case with a token payment of £1 from Mr Straw, an apology and an admission of liability was rejected.