Convicted Pakistani terrorist Ajmal Kasab’s lawyer on Wednesday told the Bombay High Court that the Prosecution in the case was free to open the arguments first on the confirmation of his capital punishment. State counsel Ujjwal Nikam, however, said that Kasab's appeal against his conviction and death sentence should be heard first before the confirmation matter was taken up. The division bench of Justices Ranjana Desai and R V More deferred the final decision until tomorrow but hinted that both cases; the confirmation of death sentence as well as the appeal filed by the convict can be heard simultaneously. The hearing is set to begin on October 18.Meanwhile, the court today confirmed Advocate R B Mokashi as Faheem Ansari’s lawyer. Ansari, an accused in the 26/11 case who was acquitted by the sessions court, had filed a petition seeking appointment of a lawyer. The petition was disposed off after Mokashi submitted that Faheem had already appointed him as his lawyer.