On October 23, 1998, Vijay Kumar appeared in the court of S.N. Dhingra as a defendant in a civil suit. He was present in court during recording of evidence. Vijay Kumar reportedly moved an application under Section 151 of the Criminal Procedure Code (arrest to prevent the commission of cognizable offence). This was rejected by the judge.

Thereafter, the court started to record the statement of a defence witness. During the cross-examination of the witness, accused Vijay Kumar allegedly raised slogans against the judge, whereupon he took Vijay Kumar into custody. The judge, thereafter, ordered an inquiry into the matter and sought a trial for intentionally insulting or interrupting a public servant.

Before passing the order on framing of charges, the CMM dismissed Vijay Kumar's application. Kumar had asked the court to produce certain documents, including the short-hand notebook of the stenographer present in Dhingra's court. He also wanted to produce the complaint made to the High Court, an application submitted to the District and Sessions Judge M.A. Khan by the Delhi Bar Association.

Kumar also asked that an application, seeking the transfer of his case from Dhingra's court, be produced in court. He informed CMM Gauba that a reference letter was reportedly sent to the high court by the District and Sessions Judge M.A. Khan. Vijay Kumar claimed that the documents would bring out the ``bias and Dhinhgra's intention to deliberately keep the case with him.'' Vijay Kumar also accused Dhingra of keeping the case, even though he did not have the jurisdiction.