The assertion by Home Minister Sushilkumar Shinde and Law Minister Kapil Sibal evoked sharp reaction from BJP which said it reflects "arrogance" of UPA which, it claimed, is being voted out of power soon.
The government had decided four months back to set up the inquiry commission but the process has got delayed reportedly because of its inability to zero in on a judge.
The case involves snooping of a woman by the Gujarat authorities allegedly at the behest of Modi.
Shinde was asked whether the appointment of a judge in the midst of Lok Sabha elections would not amount to violation of the Model Code of Conduct.
"It will not as the decision had been taken by the Union Cabinet much before the model code of conduct came into force," he said.
"I am worried. The way the Chief Minister of Gujarat had snooped into the life of a woman, I am really worried what will happen to the women of the country if he becomes the Prime Minister," Shinde said.
In New Delhi, Law Minister Kapil Sibal also said that a judge will be appointed by May 16 rpt May 16.
He rubbished the contention by BJP leader Arun Jaitley that he would be "surprised" if there is a judge who has "agreed to 'lend' himself to the UPA".
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