Meanwhile, the Election Commission (EC) let off RJD chief Lalu Prasad and his wife Rabri Devi by expressing "strong displeasure" at their "inappropriate" statements violating the model code of conduct. The Commission also spared senior BJP leader Jaswant Singh and Shiv Sena leader Uddhav Thackeray.

When the UP government said the prosecution of Varun under the National Security Act (NSA) was justified, a bench headed by Chief Justice K G Balakrishnan asked: "Can he be released if he gives an undertaking to the court that he will not create any law and order problem?''

Senior advocate Harish Salve, appearing for the Uttar Pradesh government, submitted that he would reply to the suggestion after consulting the government. The bench said it would hear the matter on Thursday after receiving the reply of the government.

Varun's advocate Mukul Rohtagi argued that he may be granted bail to file his nomination and campaign for the Pilbhit Lok Sabha seat.

Rohtagi said he was ready to file an undertaking before the court that Varun would neither give any anti-Muslim speech nor create any nuisance during the campaign.

When the court asked whether there was a mandatory approval of the advisory committee (to the NSA), Salve said the UP government had written to the Centre after approving the slapping of the NSA on Varun and he should approach the Union government on the issue.

Varun's petition said invoking the provisions of the Act against him was unconstitutional. "Varun belongs to a family of freedom fighters. How can it be said that he is a threat to national security," said the petition.

Meanwhile, the EC let off Lalu Prasad and Rabri Devi by expressing strong displeasure at their remarks. The EC also issued a special advisory to all political parties asking them to adhere to the code of conduct in "letter and spirit."

When asked why the RJD leaders were let off so easily while taking such a strong action against Varun Gandhi, Deputy Election Commissioner R Balakrishnan said: "It is one thing to make comments against a person and another issue to make inappropriate statements against an entire community."

The EC had issued notice to Lalu for his "provocative" comments against Varun Gandhi. Rabri Devi got the commission's note due to her alleged abusive remarks against Bihar Chief Minister Nitish Kumar.

In its advisory to all political parties, the EC said: "The commission is pained to observe that many important leaders, in their election speeches, are making intemperate and derogatory remarks attacking the personal character of leaders and candidates of rival parties, or making highly provocative statements that have the effect of inciting communal hatred and aggravating the differences between different classes of citizens on grounds of religion, caste, community, etc.