ISLAMABAD: Supreme Court judges on Thursday questioned the rationale behind trying some of the accused from the May 9 incidents in military courts, while others were tried in Anti-Terrorism Courts (ATCs). Speaking during the hearing today, Justice Naeem Akhtar Afghan said: "In the May 9 incidents, cases against 103 accused were tried in military courts, while the rest are being tried in anti-terrorism courts". The remarks came as the constitutional bench headed by Justice Amin-Ud-Din Khan heard intra-court appeals against trying civilians in military courts. The remarks came as the constitutional bench headed by Justice Amin-Ud-Din Khan heard intra-court appeals against trying civilians in military courts. The top court, in its unanimous verdict by a five-member bench, on October 23 last year, declared civilians' trials in military courts null and void and ordered that 103 suspects be tried in civilian courts. However, on December 13, 2023, a six-member bench of the apex court — with Justice Musarrat Hilali differing with the majority — suspended its October 23 order on petitions challenging the earlier verdict, which was then challenged. But after a hiatus, the constitutional bench in December last year had conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were still in custody for their alleged involvement in the May 9, 2023, riots. The May 9 riots refer to the violent protests triggered by the arrest of the PTI founder in a corruption case, during which state installations, including the General Headquarters, were also attacked. As a result, the military court handed down punishments to all 85 accused in the same month, but a few days earlier, 19 convicts were pardoned after they appealed for mercy. Questioning the grounds behind the military trials of civilians, Justice Jamal Khan Mandokhail inquired: "Who decides and how about where a case is to be tried for a particular offence?" "An accused is being acquitted by the ATC [but is then later] being punished by the military court," remarked Justice Mandokhail asking: "Is any special evidence presented before the military court?" We respect all courts, including the military ones, but you have to establish them via adhering to the Constitution, added Justice Mandokhail. Echoing his colleagues, Justice Naeem Akhtar Afghan asked about how the distinction was made when deciding which case would go to the military courts and ATCs — a point further raised by Justice Muhammad Ali Mazhar and Justice Hilali as well. "Where is the ATC verdict for handing over the accused to the military?" the judge questioned. With Justice Mandokhail inquiring why the ATCs are not strengthened, Justice Hasan Azhar Rizvi asked whether the May 9 riots were more of a serious crime than terrorism. With Justice Amin-Ud-Din saying that the bench cannot give an order concerning those who have already been convicted, the court adjourned the hearing till tomorrow.