However, while scheduling the hearing, the division bench headed by Justice D Y Chandrachud today also noted that if politicians' speeches became subjects of PIL, the court would soon be flooded with petitions.
The Judges asked the petitioner why he did not exhaust other remedies.
To this, petitioner Bhagwanji Raiyani said he had filed a case against Rane and his son with suburban Khar police, but no action was taken.
Nitesh Rane, president of NGO Swabhiman Sanghatana, had allegedly criticised, on 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 PIL seeks that the Rane father-son duo be prosecuted under section 153-A of the Indian Penal Code for "promoting enmity between different groups".