The bench was hearing the septuagenarian’s appeal challenging the June 28, 2017, Kerala High Court order which failed to grant him the reliefs prayed for.The Supreme Court Tuesday indicated that it will seek expert opinion on whether brain angiogram and Electroencephalogram (EEG) are better modes to determine if a person is brain dead, compared to the Apnea test followed currently.A bench of Justices Vikram Nath and Sandeep Mehta said it would ask the Head of Neurology Department, AIIMS, to constitute the committee which can provide its views on the safety and viability of the tests suggested by Kerala-based medic and activist S Ganapathy, who has been fighting alleged malpractises in brain death certification which he claims is done to facilitate harvesting of organs for transplantation.The bench was hearing the septuagenarian’s appeal challenging the June 28, 2017, Kerala High Court order which failed to grant him the reliefs prayed for.As per Ganapathy, even though a person may not be brain dead, to facilitate organ transplantation, the doctors declare a patient brain dead and then persuade the family to donate the organs.Underlining the significance of verifiable material based on which a person can be declared brain dead before organ transplant is carried out, he contended Tuesday that the apnea test is subjective and not foolproof. He pointed out that in case of brain death, the supply of blood to the brain stops making the brain cells non-functional and therefore, a brain angiogram and EEG test, would be more reliable.Ganapathy said that though the law requires the apnea test to be videographed, doctors often do not do that.Justice Mehta said, “there’s a procedure in place. It’s not being complied is a completely different aspect”.Story continues below this adThe counsel appearing for the Centre said the Transplantation of Human Organs and Tissues Act, 1994, which was amended in 2011 and Rules thereunder provide for constitution of Boards by the States.Justice Mehta, however, said Ganapathy’s complaint was about the mode of certifying someone as ‘brain dead’.“What should be the appropriate test before you can reach a certain conclusion regarding the patient being brain dead? On that, your affidavit would obviously be silent, because you have just laid down a procedure and who is to follow it?,” the judge said.To a specific query from the bench, he said there is scientific data on the efficacy of the two tests he was suggesting.Story continues below this adThe court asked Ganapathy to give his suggestions in writing after which the court will pass orders. © The Indian Express Pvt LtdTags:supreme court