A police team from Philibit visited Gandhi at the jail in Etah on Sunday and sought his statement and voice sample on an order by Pilibhit Chief Judicial Magistrate.
However, Gandhi, who has been booked under the National security Act, refused to record his voice to the police team citing absence of his lawyer.
Varun said he will record his voice and give statement only in the presence of his lawyer, jail authorities said, adding that the district magistrate has directed the police not to record Gandhi's statement without his will.
Gandhi had been denying charges of making hate speeches, maintaining that the CD containing his speeches was doctored. "These are not my words and not my voice," Varun had said after the footage was aired by TV channels.