In his plea, the BJP leader had said that the 1991-law creates an “arbitrary and irrational retrospective cut-off date” of August 15, 1947 for maintaining the character of the places of worship or pilgrimage against encroachment done by “fundamentalist-barbaric invaders and law-breakers”.

The Places of Worship Act, 1991 “prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”

It also bars the filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.

In his fresh application, the BJP leader said that only those places of worship should be protected, which were erected or constructed in accordance with personal law of the person erected or constructed them, but places erected or constructed in derogation of the personal law, cannot be termed as a ‘place of worship’.

“The mosque constructed at temple land cannot be a mosque, not only for the reason that such construction is against Islamic law but also on grounds that the property once vested in the deity continues to be deity’s property and right of deity and devotees are never lost, howsoever long illegal encroachment continues on such property. Right to restore back religious property is unfettered and continuing wrong and injury may be cured by judicial remedy,” the application said.

He also said that a temple’s religious character does not change after the demolition of roof, walls, pillars, foundation and even offering Namaz.