New Delhi, Dec. 7: The Supreme Court will hear two separate petitions seeking action against Gujarat Chief Minister Narendra Modi on his "inflammatory" remarks about the 2005 fake encounter of Sohrabuddin Sheikh, on Monday.

A Bench headed by Justice Tarun Chatterjee will hear the case.

The petitions were filed by senior counsel Dushyant Dave on the behalf of Rubbabuddin Sheikh, brother of Sohrabuddin Sheikh and by Prashant Bhushan, who appeared for Javed Akhtar.

Both sought an inquiry into Modi’s justification for the fake encounter of Sohrabuddin Sheikh.

On Thursday, the Election Commission (EC) served a notice to Modi for his remarks and asked him to reply by Saturday morning.

The Commission held prima facie that Modi's references to late Sohrabuddin and linking his name to terrorism, in the speech during an election rally, amounted to indulging in activities, which may aggravate existing differences, creating mutual hatred and causing tension between different communities.

The EC said that Modi's speech involved violations of the Model Code of Conduct, which bars any party or candidate from indulging in any activity, which might aggravate hatred and tension between different castes and communities, religious or linguistic.

The notice was issued after the full Commission headed by Chief Election Commissioner N Gopalaswamy considered the various inputs and the complaint and has viewed the video recording of the speech, the EC said.

A complaint has also been filed by social activist Teesta Setalvad alleging that the speech amounted to "an open exhortation to violence and misuse of religion for political ends. "

At an election rally in Jamnagar District on December 4, Modi had admitted that Sohrabuddin Sheikh's encounter did happen in Gujarat.

"Yes, Sohrabuddin's encounter happened in Gujarat and If Sonia Gandhi (India's ruling United Progressive Alliance Chief) wants she can hang me for this, " said Modi.

Earlier, the Congress filed a complaint with the EC against Modi for his statement on a sub-judice case.

Meanwhile, Modi's counsel in the apex court, K.T. S. Tulsi has sought an apology from the Chief Minister for his improper statement.

Sohrabuddin Sheikh, was reportedly gunned down on November 26, 2005 after being branded a Lashkar-e-Toiba militant by the Gujarat Police, allegedly trying to hatch a conspiracy to kill Gujarat Chief Minister Narendra Modi. The cops also allegedly killed Sohrabuddin's wife, Kausar Bi. (ANI)