The Supreme Court on May 8 will hear the plea of Congress wherein the party has challenged the Election Commission of India's (ECI) decision to give clean chit to Prime Minister Narendra Modi and Bharatiya Janata Party (BJP) president Amit Shah in a hate speech complaint case.

A division bench headed by Chief Justice Ranjan Gogoi while posting the matter for May 8 asked Congress leader Sushmita Dev, the petitioner, to place on record the Election Commission's order giving clean chit to the two BJP leaders.

During the course of hearing, senior advocate Abhishek Manu Singhvi, appearing for Dev, told the court that the poll body had given clean chit to PM Modi and BJP president Shah for their hate speeches which had violated the Model Code of Conduct.

Singhvi further claimed the ECI had not given any reason while giving clean chit to Modi and Shah. He said five of the six clean chits given to Modi and Shah had dissented by one Election Commissioner.

Following Singhvi's submissions, the top court granted the Congress party the liberty to challenge the order of the poll body.

ECI on Saturday gave a clean chit to Prime Minister Modi for mentioning the name of Indian Air Force (IAF) Wing Commander Abhinandan Varthaman at a rally in Gujarat's Patan district.

"The matter has been examined in detail in accordance with the extant advisories, provisions of the Model Code of Conduct. After examination, the Commission is of the view that in this matter no such violation of the extant advisories/provisions is attracted," the electoral body stated on Saturday.

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