The arguments were in reply to the application forwarded yesterday by defence counsel R.K. Anand. The video recording contains the statement that Kulkarni gave to the press in the office of then DCP (South), P.K. Srivastava.

Objecting to the application, Malhotra said the recording was not admissible at this stage, that is framing of charges. Moreover, according to him, the statement was not made to the Investigating Officer of the case, but to questions put across to him by reporters.

Saying it could be selectively projected, the prosecution said that Kulkarni should first be confronted with the tape. And for that, the prosecution said, cross-examination is necessary, which is possible only during the evidence stage.

Anand, however, cited a Supreme Court judgement and claimed his right to play the video recording. ``At this stage the court cannot stop me. It is, however, a different matter that the court has to place its reliance on the arguments,'' Anand said, and added the video recording was from the DCP's office and therefore admissible.

In his answer to the prosecution's objections, Anand asked the police to submit an affidavit ``saying Kulkarni's statement to the police is incorrect.''

Additional Sessions Judge P.K. Bhasin has reserved his order, which will be passed once the defence has completed its arguments on what charges to be framed against the accused.

The second phase of today's arguments were taken over by Manik Kapoor's counsel. Manik allegedly conspired with Sanjeev Nanda and fled the spot on the night of the incident. Contending that Manik was not present during the incident, his counsel Rajinder Singh admitted the statements of two witnesses -- petrol pump attendant, Hari Shankar and the accident victim, Manoj.

He accused the prosecution of fabricating a witness in the form of Sunil Kulkarni. After reading the statements of the two witnesses, Singh said the two persons being close to the accident scene were reliable witnesses. And both, according to Singh, saw just one person. Singh said Manoj's statement was not enough to establish whether or not it was Sanjeev who came out after the accident. He also repeated the plea to permit the defence to play the video recording of Kulkarni's statement and said the same was covered as a statement given to the police.