A Delhi court today took note of the plea of two brothers, accused with six others in the case of death of a constable deployed during the protests in Delhi against the gang rape incident, that they were in a metro train during occurrence of the alleged incident.

Metropolitan Magistrate Navita Kumari sought replies of the Delhi Metro Rail Corporation and Delhi police by tomorrow on to pleas of Kailash Joshi and Amit Joshi that CCTV footages of Rithala and Rajiv Chowk Metro stations of December 23, when the violent protests took place in and around India Gate here, be preserved.

"Issue notice to the SHO and the DMRC for December 27," the court said. "I have one request. Two of the accused were travelling in the metro when the incident (protest) happened. Its footage has to be preserved as it is an important evidence," Somnath Bharti, counsel for the accused, said.

Besides the two brothers, six others - Nafees, Shankar Bisht, Nand Kumar, Shantanu Kumar, Abhishek and Chaman Kumar - have been made accused for allegedly taking part in protests which later turned violent and in which constable Subash Chand Tomar got injured. All the accused were granted bail on December 24.