Archive · 14 Sep 2026
Madras High Court: Pending FIR Cannot Block Passport Update
A transgender woman wanted her passport changed to reflect her new name.
Her application was delayed because police had registered an FIR against her.
The Madras High Court said that an unfinished police case alone should not stop officials from considering the application.
Officials must first check her identity, surgery, and name change.
They must make a decision within four weeks.
The court did not automatically order that she receive the passport.
If she wants to travel abroad while the case continues, she must get permission from the criminal court.
The court also said processing a passport and allowing foreign travel are different matters.
The Madras High Court said a pending FIR cannot by itself prevent consideration of a transgender woman's passport application in her new name.
The petitioner had undergone gender affirmation surgery, changed her name, and gazetted the change through the Government of Tamil Nadu.
Justice L Victoria Gowri directed the regional passport officer to verify her identity, surgery, and name change before deciding the application.
The passport officer must decide the application within four weeks without requiring prior permission from the criminal court merely to process it.
The court clarified that separate permission from the relevant criminal court would be required for overseas travel while the criminal case remains pending.
- Who
- A transgender woman who had undergone gender affirmation surgery; the regional passport officer and police were respondents.
- What
- The Madras High Court ordered consideration of her passport re-issue application in her new name despite a pending FIR.
- When
- The order was issued on September 1, with the passport decision due within four weeks of receiving the order.
- Where
- The matter was heard by the Madras High Court.
- Why
- Her passport application had remained pending because an FIR connected to a protest was still under investigation.
Court's Position
Criminal-Case Safeguard
Processing the passport
Court's Position
A pending FIR alone cannot prevent the passport authority from considering the application.
Criminal-Case Safeguard
Police confirmed that the FIR remained under investigation, and the application had been kept pending because of the criminal case.
Foreign travel
Court's Position
Processing or renewing a passport does not itself require prior permission from the criminal court.
Criminal-Case Safeguard
The applicant must still obtain permission from the jurisdictional criminal court before travelling abroad while the case is pending.
Verification
Court's Position
The passport authority should decide the application on its merits and according to law.
Criminal-Case Safeguard
The authority and police must verify the petitioner's identity, surgery, and name change before a decision.
- Court
- Madras High Court
- Judge
- Justice L Victoria Gowri
- Application
- Re-issue of a passport in the petitioner's new name
- FIR status
- Pending and under investigation
- Deadline
- The regional passport officer must decide within four weeks
- Travel condition
- Permission from the relevant criminal court is required for overseas travel during the pending case
- Identity checks
- Authorities must verify identity, gender affirmation surgery, and the gazetted name change