A Pastor in Nepal Seeks to Change Prison Term into Fine

The order of incarceration was issued more than a month ago.

He won’t be able to seek the change until March, though, and the Supreme Court on January 23 ordered his prison term to begin.

The Dolpa District court sentenced Pastor Acharya to two years in prison and a fine of 20,000 rupees (US$167) for “outraging religious feelings” and “proselytizing” in November 2021. On July 13, 2022, the Jumla High Court reviewed and confirmed the pastor’s conviction for proselytism but reduced the punishment to one year of imprisonment.

With the support of Alliance Defending Freedom International, he appealed the ruling. After the Supreme Court refused to consider his appeal on October 6 and upheld the High Court’s decision, Acharya found he could not challenge the orders with the Supreme Court as he had hoped.

“I was told that there is no provision for re-applying to the Supreme Court,” he said. “So, there is no way to challenge the High Court’s decision that the Supreme Court has upheld the last time.”

The High Court on July 13 reduced Acharya’s sentence from two years in prison and a fine of US$167, imposed by the Dolpa District Court, to one year and a fine of US$75.

Many lawyers have suggested Pastor Acharya approach the Dolpa District Court to convert his prison sentence into a fine, which will be his next step, he said.

“But it entirely depends on the judge–if he allows, then I will apply for the same,” he said. “If he does not allow it, I will have to spend my term in prison.”

He said Pastor Acharya has not appealed for the change yet because Dolpa is a cold and remote district, especially at this time of the year. The judges (officials) sometimes leave the mountain district and move to lower neighborhoods with milder climates.

“The officials return in March, and I plan to apply that month,” Pastor Acharya said, requesting prayer.

He said it takes him three days to reach Dolpa by bus from Pokhara, where he now lives. Dolpa is 400 miles from Pokhara.

“I spent about two months in that prison before I was released on bail,” he said.

Three Cases

Pastor Acharya was first arrested in March 2020 on allegations of spreading false information that prayers could heal novel coronavirus.

After his release on bail for 5,000 Nepalese rupees (US$41) on April 8 that year, he was immediately re-arrested for “outraging religious feelings” and “proselytizing.”

An excessive bail of 500,000 Nepalese rupees (US$4,084) was set. When released on MaMay 132020, he was once again immediately re-arrested on a third set of charges and transferred to Dolpa prison.

After rejection of bail on May 22, 2020, he was released on July 3, 2020, on a bail amount equivalent to US$2,500.

The Dolpa District Court later sentenced him to two years in prison and a fine of US$167 under the country’s proselytization law. He was arrested on November 22ber 22, 2021, and released on December 24ecember 24, the same year.