Even if Varun Gandhi had spoken those words, he should not be put in jail. Not unless we want to apply the same standard to every case.
Curiously, shortly after Varun Gandhi was put into a jail in Pilibhit under NSA (a provision only applied to peaceful Hindus), intelligence sources tapped a phone conversation, allegedly between Chhota Shakeel (D-Man's henchman) and one of his associates. This conversation was duly leaked to the media, in a transcript form.
Keep in mind that while we have read innumerable leaked news items about various terrorism cases, this gotta be the first phone transcript in quite a while. Seems rather improbable to us.
Following this "threat" perception, Varun Gandhi was moved to the Etah jail. Now, we are guessing the Etah jail is safer, has stronger bars etc. Maybe so, but someone needs to explain exactly how was Shakeel planning on eliminating Varun Gandhi? By ambushing the motorcade Taliban style? Also, didn't we hear in the aftermath of 26/11 the D-Company had nothing to do with it and therefore no local link?
That phone conversation could have been penned by a Bollywood scriptwriter like Javed Akhtar. The lines are for Kay Kay Menon:
Rashid Malbari: Salam valekum bhai (Greetings bhai)
Chhota Shakeel: Valekum...us ladke ko dekho... 28 ko court jayega...( Valekum...handle that boy... he will go to court on 28th)
Shakeel: haan...ye kaam hona hai...samajh ke...apne log sab dare hue hein...kaam hona hai...sala beemaar hai davaa maang raha hai...theek se de usko (Yes...this work has to be done...carefully...our people (obvious reference to Muslims) are scared...work has to be done...he is ill wants medicine...give it to him right and proper).
Just now The Times of India is reporting:
Varun refuses to give voice sampleLUCKNOW: In a fresh twist to the hate speech controversy, Varun Gandhi refused to give a sample of his voice to a team from Pilibhit police on Sunday.
Headed by investigating officer Maniram Rao, the team reached the Etah district jail, where Varun is lodged after being booked under National Security Act (NSA). But they had to return empty-handed as Varun refused to co-operate. [link]
If you read only upto that point, it makes a very strong case against Varun Gandhi. But never stop until you have read the fine print:
Rao and five of his subordinates arrived at the Etah district jail around 9:30 am. The team produced the letter of permission from the chief judicial magistrate (CJM), Pilibhit, to record Varun's voice samples before the jail superintendent Viresh Rai Sharma.
After some arguments with the jail authorities over carrying a video and audio recorder with them inside the jail without any specific permission, the team was informed that Varun has refused to give with his voice samples. Varun is believed to have told the team that he would not allow them to record any sample in the absence of his lawyer or without his permission.
Perhaps they would ask him to read from a transcript, just so they could compare. Nice try.

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