However, the division bench headed by Chief Justice recused itself from the case when the petition came up today.
Nitesh Rane, president of NGO Swabhiman Sanghatana, had allegedly criticised through Twitter the Gujarati community in Mumbai for praising Narendra Modi and his government, and asked them to go back to Gujarat if they admired Modi so much.
As the tweet kicked up a row, Narayan Rane, state Industries Minister, clarified that Nitesh's comment did not target all the Gujaratis, but only those who admired Gujarat more than Maharashtra.
The judges asked the petitioner, Bhagwanji Raiyani, to move the bench headed by Justice D Y Chandrachud.
Raiyani said he would move that bench tomorrow.
The PIL seeks that the Rane father-son duo should be prosecuted under section 153-A of the Indian Penal Code for 'promoting enmity between different groups on grounds of religion, etc'.
A complaint was lodged against them at the Khar police station, but police did not act, the petition says, alleging that this was because Ranes were influential people.
