India had informed Pakistan that the commission could visit Mumbai during the first half of February.
Pakistan, whose judicial panel failed to visit India as scheduled to record statements of key officials linked to the investigation of the Mumbai attacks, today indicated that the commission could be sent to the neighbouring country before February 10.
The commission was to reach India yesterday and its visit now hinges on a decision by a Rawalpindi-based anti-terrorism court conducting the trial of seven Pakistani suspects charged with involvement in the Mumbai attacks.
"One of the accused's lawyer has given an observation (regarding the commission), so that is (coming for the hearing) on February 4. We hope the decision will be taken on February 6. If not February 6, it will go on to February 7.
But I hope it will happen," Malik said.
India had informed Pakistan that the commission could visit Mumbai during the first half of February. Malik had subsequently announced that the panel, which included two prosecutors, a director from the Federal Investigation Agency and defence lawyers, would visit India during February 3-6.
"We have told defence lawyers that the court will take decision, so till that happens get the necessary formalities about their passports done. Because, if even one defence lawyer does not go (to India), it might become a disputed thing. So, I believe it (the issue) will be solved in 2-3 days," Malik said during an interaction with media persons today.
"Naturally it's a judicial process here and we need to follow it," he said.
Malik said he was "grateful" to the Indian authorities as they "gave us a window time within which we have to go. We'll try to send the commission there before February 10."
The commission is scheduled to interview the magistrate who recorded the confession of Ajmal Kasab, the lone surviving attacker, the police officer who led the investigation and two doctors who conducted the autopsies of the terrorists and victims.
Pakistan had wanted to question Kasab but he was not included in the list of witnesses that the commission could question.
Khwaja Haris Ahmed, the counsel for the main accused, Lashkar-e-Taiba commander Zakiur Rehman Lakhvi, had filed an application at the last hearing of the Mumbai attacks case on January 28 that raised several questions about the constitution of the commission by the Pakistan government.
Sources told PTI that it was unlikely the commission could go to India till Ahmed's application is disposed of by the court. Ahmed had also sought details of the documents that the court intends to send with the commission to India.
The Federal Investigation Agency has charged the seven suspects, including Lakhvi, with planning, financing and executing the attacks that killed 166 people in November 2008.
However, their trial has stalled over various technical issues for the past year.
Prosecutors have said the commission's visit to India is necessary to take forward the trial.
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