According to a report, the government may approach the Allahabad High Court to seek the services of a sitting judge to head the commission of enquiry.
UPA government will appoint judge for the 'snoopgate' commission before May 16, the day when the electoral outcome will be known.
Sibal's statement came a day after BJP leader Arun Jaitley said that he would be surprised if any judge agrees to probe into Narendra Modi-led Gujarat government's alleged illegal surveillance on a woman architect.
Jaitley said all the judges approached by the UPA have refused to be part of the "desperate" exercise as the new government will be in place in a fortnight.
"I will be very curious to know the name of the judge who has agreed to 'lend' himself to the UPA. I will be surprised if there is one. I hope, for the cause of judicial dignity, no one agrees to be a part of this desperate exercise," he had said to a newspaper.
What is 'Snoopgate scandal:
According to evidence presented on the audio recordings, the home minister of Gujarat employed critical law enforcement resources of the state to monitor every movement and conversation of a woman called Madhuri.
To compound these constitutional violations, the person purported to be Shah tells senior police officer GL Singhal to throw one of her associates in jail for no apparent crime.
Madhuri's father claims that he asked Modi to "take care of my daughter and to ensure that she does not face any problem. He assured me as a political head of the state."
Setting aside the bizarre notion that surveillance is required to 'take care' of anyone, the anti-terrorism squad is not Modi's personal security posse that he can employ as a favour to a friend. As Prashant Bhushan explains, "The breach of privacy is a minor part of this saga of shocking crime that exposes the gross misuse of police machinery by the state. When (BJP leader) Arun Jaitley's CDR were accessed by some policemen, the Parliament was stalled for three days."
Besides, the privacy of an aam aurat ought to count at least as much as that of Shri Jaitley. Two, illegal surveillance is a concern for all citizens. “When the girl and her father are not complaining, who is the Congress to speak?" asks BJP spokesperson Meenakshi Lekhi, as though consitutional rights are a private matter.
It doesn't matter whether the woman complains or what explanation her father offers. The contract between citizens and their state is premised on the sanctity of certain rights. When the state intrudes on the privacy of any person without due cause, it undermines the rights of all citizens.
The alleged surveillance flouted the laws of the land and must be investigated whether the individual files a complaint or not.